Taking Sides � Legal Issues The study of law should be introduced as part of a liberal educa�tion, to train and enrich the mind.... I am convinced that, like his�tory, economics, and metaphysics � and perhaps even to a greater degree than these � the law could be advantageously studied with a view to the general development of the mind. ____ Justice Louis D. Brandeis The general study of law in colleges, universities, and even high schools has grown rapidly during the last 30 years. Accompanying this development has been the publication of new curriculum materials that go beyond the analysis of legal cases and doctrines that make up much of professional law study in law schools. This book is part of the effort to view and study law as an institution that continuously interacts with other social institutions. Law should be examined from an interdisciplinary perspective and be accessible to all students. This book focuses on a series of controversial issues involving law and the legal system. It is, we believe, an appropriate starting point for law study because controversy and conflict are inherent in law. Law is based on an adversary approach to conflict resolution, in which two advocates repre�senting opposing sides are pitted against each other. Judicial decisions often contain both majority and dissenting opinions, which reveal some of the arguments that went on in the judges' chambers. Perhaps most relevant to a discussion of the place of controversy in the legal system is the First Amendment guaranty of freedom of speech and of the press, which pre�~umes that we all benefit by a vigorous debate of important issues. Since many of the issues in Taking Sides are often in the news, you :robably already have opinions on them. What you should remember, however, is that there is usually more to learn about any given issue, and e topics discussed here are best approached with an open mind. You should not be surprised if your views change as you read the selections. Organization of the book This book contains 38 selections presented a fro and con format that debate 19 legal issues. Each issue has an issue ::. _Juction, which sets the stage for the debate as it is argued in the YES a-h NO selections. Each issue concludes with a postscript that makes some observations, points the way to other questions related to the issue, provides some suggestions for further reading on the issue. Also, the On '.niet page that accompanies each part opener contains a list of Inter�_ s to addresses (URLs) that should prove useful as starting points for fur�_��-esearch. At the back of the book is a listing of all the contributors to this which provides information on the legal scholars, commentators, c ,es whose views are debated here. Changes to this edition In this edition of Taking Sides, we continue to focus on law's relationship to the individual, the state, and the community. However, we have also made considerable revisions to this edition. There are five new issues:"Should Persons Who Are Declared to Be 'Enemy Combatants' Be Able to Contest Their Detention Before a Judge?" (Issue 1), "Does the Sharing of Music Files Through the Internet Violate Copyright Laws?" (Issue 5), "Can the Police Require Individuals to Identify Themselves?" (Issue 7), "Does the "Cruel and Unusual Punishment" Clause of the Eighth Amendment Bar the Imposition of the Death Penalty on Juveniles?" (Issue 11), and "May Marriage Be Denied to Same-Sex Couples?" (Issue 16). A word to the instructor An Instructor's Manual With Test Questions (multiple-choice and essay) is available through the publisher for the instructor using Taking Sides in the classroom. A general guidebook, Using Taking Sides in the Classroom, which discusses methods and techniques for integrating the pro-con approach into any classroom setting, is also available. An online version of Using Taking Sides in the Classroom and a correspondence service for Taking Sides adopters can be found at http://www.mhcls. com/usingts/. Taking Sides:Clashing Views on Legal Issues is only one title in the Tak�ing Sides series. If you are interested in seeing the table of contents for any of the other titles, please visit the Taking Sides Web site at http://www.mhcls.com/takingsides/. Acknowledgments We would like to thank Gabriel Katsh for his research assistance on this book. M. Ethan Katsh University of Massachusetts-Amherst William Rose Albion College