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Preface

The need for a layperson's comprehensive, understandable guide to terms, concepts, and historical developments in U.S. law has been well met by West's Encyclopedia of American Law (WEAL). Published in a second edition in 2004 by Thomson Gale, WEAL has proved itself a valuable successor to West's 1983 publication, The Guide to American Law: Everyone's Legal Encyclopedia. and the 1997 first edition of WEAL.

Since 1998, Thomson Gale, a premier reference publisher, has extended the value of WEAL with the publication of American Law Yearbook (ALY). This supplement adds entries on emerging topics not covered in the main set. A legal reference must be current to be authoritative, so ALY is a vital companion to a key reference source. Uniform organization by WEAL term and cross-referencing make it easy to use the titles together, while inclusion of key definitions and summaries of earlier rulings in supplement entries—whether new or continuations—make it unnecessary to refer to the main set constantly.

Understanding the American Legal System

The U.S. legal system is admired around the world for the freedoms it allows the individual and the fairness with which it attempts to treat all persons. On the surface, it may seem simple, yet those who have delved into it know that this system of federal and state constitutions, statutes, regulations, and common-law decisions is elaborate and complex. It derives from the English common law, but includes principles older than England, along with some principles from other lands. The U.S. legal system, like many others, has a language all its own, but too often it is an unfamiliar language: many concepts are still phrased in Latin. WEAL explains legal terms and concepts in everyday language, however. It covers a wide variety of persons, entities, and events that have shaped the U.S. legal system and influenced public perceptions of it.

FEATURES OF THIS SUPPLEMENT

Entries

ALY 2005 contains 145 entries covering individuals, cases, laws, and concepts significant to U.S. law. Entries are arranged alphabetically and use the same entry title as in WEAL or ALY—when introduced in an earlier Yearbook (e.g., September 11th Attacks). There may be several cases discussed under a given topic.

Profiles of individuals cover interesting and influential people from the world of law, government, and public life, both historic and contemporary. All have contributed to U.S. law as a whole. Each short biography includes a time-line highlighting important moments in the subject's life. Persons whose lives were detailed in WEAL, but who have died since publication of that work, receive short obituary entries in ALY.

Definitions

Each entry on a legal term is preceded by a definition, which is easily distinguished by its sans serif typeface. The back of the book includes a Glossary of Legal Terms containing the definitions for a selection of the most important terms bolded in the text of the essays and biographies. Terms bolded but not included in the Glossary of Legal Terms in ALY can be found in the Dictionary volume of WEAL.

Cross References

To facilitate research, ALY 2005 provides two types of cross-references: within and following entries. Within the entries, terms are set in small capital letters (e.g., FIRST AMENDMENT) to indicate that they have their own entry in WEAL. At the end of each entry, additional relevant topics in ALY 2005 are listed alphabetically by title.

In Focus Pieces

In Focus pieces present additional facts, details, and arguments on particularly interesting, important, or controversial issues. These pieces are set apart from the main entries with boxed edges and their own logo.

Appendix

This section follows the Glossary of Legal Terms and features the text of documents complementary to the main entries, such as excerpts from the Geneva Conventions and the Department of Justice's so-called "torture memo."

Table of Cases Cited and Index by Name and Subject

These features make it quick and easy for users to locate references to cases, people, statutes, events, and other subjects. The Table of Cases Cited traces the influences of legal precedents by identifying cases mentioned throughout the text. In a departure from WEAL, references to individuals have been folded into the general index to simplify searches. Litigants, justices, historical and contemporary figures, as well as topical references are included in the Index by Name and Subject.

Citations

Wherever possible, ALY includes citations to cases and statutes for readers wishing to do further research. They refer to one or more series, called "reporters," which publish court opinions and related information. Each citation includes a volume number, an abbreviation for the reporter, and the starting page reference. Underscores in a citation indicate that a court opinion has not been officially reported as of ALY's publication. Two sample citations, with explanations, are presented below.

1. Case title. The title of the case is set in i and indicates the names of the parties. The suit in this sample citation was between Ernesto A. Miranda and the state of Arizona.
2. Reporter volume number. The number preceding the reporter abbreviation indicates the reporter volume containing the case. The volume number appears on the spine of the reporter, along with the reporter abbreviation.
3. Reporter abbreviation. The suit in the sample citation is from the reporter, or series of books, called U.S. Reports, which contains cases from the U.S. Supreme Court. Numerous reporters publish cases from the federal and state courts; consult the Abbreviations list at the back of this volume for full titles.
4. Reporter page. The number following the reporter abbreviation indicates the reporter page on which the case begins.
5. Additional reporter citation. Many cases may be found in more than one reporter. The suit in the sample citation also appears in volume 86 of the Supreme Court Reporter, beginning on page 1602.
6. Additional reporter citation. The suit in the sample citation is also reported in volume 16 of the Lawyer's Edition, second series, beginning on page 694.
7. Year of decision. The year the court issued its decision in the case appears in parentheses at the end of the cite.

1. Statute title.
2. Public law number. In the sample citation, the number 103 indicates this law was passed by the 103d Congress, and the number 159 indicates it was the 159th law passed by that Congress.
3. Reporter volume number. The number preceding the reporter abbreviation indicates the reporter volume containing the statute.
4. Reporter abbreviation. The name of the reporter is abbreviated. The statute in the sample citation is from Statutes at Large.
5. Reporter page. The number following the reporter abbreviation indicates the reporter page on which the statute begins.
6. Title number. Federal laws are divided into major sections with specific titles. The number preceding a reference to the U.S. Code stands for the section called Crimes and Criminal Procedure.
7. Additional reporter. The statute in the sample citation may also be found in the U.S. Code Annotated.
8. Section numbers.The section numbers following a reference to the U.S. Code Annotated indicate where the statute appears in that reporter.

COMMENTS WELCOME

Considerable efforts were expended at the time of publication to ensure the accuracy of the information presented in American Law Yearbook 2005. The editor welcomes your comments and suggestions for enhancing and improving future editions of this supplement to West's Encyclopedia of American Law. Send comments and suggestions to:

American Law Yearbook
Thomson Gale
27500 Drake Rd.
Farmington Hills, MI 48331-3535