American Jurisprudence

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (352 download)

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Book Synopsis American Jurisprudence by :

Download or read book American Jurisprudence written by and published by . This book was released on 1962 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Positivism in American Jurisprudence

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Publisher : Cambridge University Press
ISBN 13 : 0521480418
Total Pages : 343 pages
Book Rating : 4.5/5 (214 download)

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Book Synopsis Legal Positivism in American Jurisprudence by : Anthony J. Sebok

Download or read book Legal Positivism in American Jurisprudence written by Anthony J. Sebok and published by Cambridge University Press. This book was released on 1998-10-28 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.

Social Contract Theory in American Jurisprudence

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Publisher : Routledge
ISBN 13 : 1135935327
Total Pages : 134 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Social Contract Theory in American Jurisprudence by : Thomas R. Pope

Download or read book Social Contract Theory in American Jurisprudence written by Thomas R. Pope and published by Routledge. This book was released on 2013-06-07 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite decades of attempts and the best intentions of its members, the United States Supreme Court has failed to develop a coherent jurisprudence regarding the state’s proper relationship to the individual. Without some objective standard upon which to ground jurisprudence, decisions have moved along a spectrum between freedom and authority and back again, affecting issues as diverse as individual contractual liberties and the right to privacy. Social Contract Theory in American Jurisprudence seeks to reintroduce the lessons of modern political philosophy to offer a solution for this variable application of legal principle and to lay the groundwork for a jurisprudence consistent in both theory and practice. Thomas R. Pope’s argument examines two exemplary court cases, Lochner v. New York and West Coast Hotel v. Parrish, and demonstrates how the results of these cases failed to achieve the necessary balance of liberty and the public good because they considered the matter in terms of a dichotomy. Pope explores our constitution’s roots in social contract theory, looking particularly to the ideas of Thomas Hobbes for a jurisprudence that is consistent with the language and tradition of the Constitution, and that is also more effectually viable than existing alternatives. Pope concludes with an examination of recent cases before the Court, grounding his observations firmly within the developments of ongoing negotiation of jurisprudence. Addressing the current debate between individual liberty and government responsibility within the context of contemporary jurisprudence, Pope considers the implications of a Hobbesian founding for modern policy. This book will be particularly relevant to scholars of Constitutional Law, the American Founding, and Modern Political Theory.

Piercing the Corporate Veil in Latin American Jurisprudence

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Publisher : Routledge
ISBN 13 : 1317555473
Total Pages : 183 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Piercing the Corporate Veil in Latin American Jurisprudence by : Jose Maria Lezcano

Download or read book Piercing the Corporate Veil in Latin American Jurisprudence written by Jose Maria Lezcano and published by Routledge. This book was released on 2015-12-14 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative law study exploring the piercing of the corporate veil in Latin America within the context of the Anglo-American method. The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region. Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions. This book will be of great interest to scholars of company and comparative law, and business studies in general.

American Law in the Age of Hypercapitalism

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Publisher : NYU Press
ISBN 13 : 0814790178
Total Pages : 249 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis American Law in the Age of Hypercapitalism by : Ruth Colker

Download or read book American Law in the Age of Hypercapitalism written by Ruth Colker and published by NYU Press. This book was released on 1998-03-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned Adam Smith. Capitalism, however, can thrive without an extreme emphasis on efficiency and personal autonomy. Americans often forget that theirs is a rather peculiar form of capitalism, that other Western nations successfully maintain capitalistic systems that are fundamentally more balanced and nuanced in their effect on society. The unnecessarily inhumane aspects of American capitalism become apparent when compared to Canadian and Western European societies, with their more generous policies regarding affirmative action, accommodation for disabled persons, and family and medical leave for pregnant woman and their partners. In American Law in the Age of Hypercapitalism, Ruth Colker examines how American law purports to reflect--and actively promotes--a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. Colker proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.

Originalism in American Law and Politics

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Publisher : JHU Press
ISBN 13 : 9780801881114
Total Pages : 308 pages
Book Rating : 4.8/5 (811 download)

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Book Synopsis Originalism in American Law and Politics by : Johnathan O'Neill

Download or read book Originalism in American Law and Politics written by Johnathan O'Neill and published by JHU Press. This book was released on 2005-07-12 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

American Law in the Twentieth Century

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Publisher : Yale University Press
ISBN 13 : 0300135025
Total Pages : 698 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis American Law in the Twentieth Century by : Lawrence M. Friedman

Download or read book American Law in the Twentieth Century written by Lawrence M. Friedman and published by Yale University Press. This book was released on 2008-10-01 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this long-awaited successor to his landmark work A History of American Law, Lawrence M. Friedman offers a monumental history of American law in the twentieth century. The first general history of its kind, American Law in the Twentieth Century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? Written by one of our most eminent legal historians, this engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.

The Yale Biographical Dictionary of American Law

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Publisher : Yale University Press
ISBN 13 : 0300113005
Total Pages : 637 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Yale Biographical Dictionary of American Law by : Roger K. Newman

Download or read book The Yale Biographical Dictionary of American Law written by Roger K. Newman and published by Yale University Press. This book was released on 2009-01-01 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others--the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others

The Opening of American Law

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Publisher : Oxford University Press
ISBN 13 : 0199331316
Total Pages : 400 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Opening of American Law by : Herbert Hovenkamp

Download or read book The Opening of American Law written by Herbert Hovenkamp and published by Oxford University Press. This book was released on 2014-09-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two Victorian Era intellectual movements changed the course of American legal thought: Darwinian natural selection and marginalist economics. The two movements rested on fundamentally inconsistent premises. Darwinism emphasized instinct, random selection, and determinism; marginalism emphasized rational choice. American legal theory managed to accommodate both, although to different degrees in different disciplines. The two movements also developed mutually exclusive scientific methodologies. Darwinism emphasizing external indicators of welfare such as productivity, education or health, while marginalists emphasized market choice. Historians have generally exaggerated the role of Darwinism in American legal thought, while understating the role of marginalist economics. This book explores these issues in several legal disciplines and time periods, including Progressive Era redistributive policies, American common law, public law, and laws regarding corporations and competition. One is Progressive Era movements for redistributive policies about taxation and public goods. Darwinian science also dominated the law of race relations, while criminal law reflected an inconsistent mixture of Darwinian and marginalist incentive-based theories. The common law, including family law, contract, property, and tort, moved from emphasis on correction of past harms to management of ongoing risk and relationship. A chapter on Legal Realism emphasizes the Realists' indebtedness to institutional economics, a movement that powerfully influenced American legal theory long after it fell out of favor with economists. Five chapters on the corporation, innovation and competition policy show how marginalist economics transformed business policy. The ironic exception was patent law, which developed in relative insulation from economic concerns about innovation policy. The book concludes with three chapters on public law, emphasizing the role of institutionalist economics in policy making during and after the New Deal. A lengthy epilogue then explores the variety of postwar attempts to reconstruct a defensible and more market-oriented rule of law after the decline of Legal Realism and the New Deal.

American Law and Legal Systems

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Publisher : Routledge
ISBN 13 : 1317225511
Total Pages : 454 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis American Law and Legal Systems by : James V. Calvi

Download or read book American Law and Legal Systems written by James V. Calvi and published by Routledge. This book was released on 2016-09-19 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics, from how a lawsuit is filed through the final appeal. This new edition provides essential updates to forensic and scientific evidence, contract law, and family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts. New to the 8th Edition Updates the coverage of environmental law, especially in relation to climate change. Updates the coverage of family law, especially in relation to gay marriage. Includes new coverage of challenges to the Voting Rights Act, campaign finance, and cybersecurity. Covers the effects of social media on judicial proceedings. Includes 16 new cases, including Obergefell v. Hodges. Adds new text boxes on intriguing subjects throughout. Accompanied by an author-written Instructor’s Manual that includes Learning Objectives, Chapter Summaries, Chapter Outlines, Key Terms and Concepts, as well as Test Questions for each chapter.

Fundamentals of American Law

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Publisher :
ISBN 13 : 0198764057
Total Pages : 738 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Fundamentals of American Law by : New York University. School of Law

Download or read book Fundamentals of American Law written by New York University. School of Law and published by . This book was released on 1996 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a singleauthor, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law SchoolProgramme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act asinformed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business,accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhapsits adaptibility to other cultures.

The Creation of American Law

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Publisher : McFarland
ISBN 13 : 1476669082
Total Pages : 281 pages
Book Rating : 4.4/5 (766 download)

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Book Synopsis The Creation of American Law by : Jude M. Pfister

Download or read book The Creation of American Law written by Jude M. Pfister and published by McFarland. This book was released on 2018-11-12 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the Constitutional Convention in 1787, America was set on a course to develop a unique system of law with roots in the English common law tradition. This new system, its foundations in Article III of the Constitution, called for a national judiciary headed by a supreme court--which first met in 1790. This book serves as a history of America's national law with a look at those--such as John Jay (the first Chief), James Iredell, Bushrod Washington and James Wilson--who set in motion not only the new Supreme Court, but also the new federal judiciary. These founders displayed great dexterity in maneuvering through the fraught political landscape of the 1790s.

American Law in a Global Context

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Publisher : Oxford University Press
ISBN 13 : 0199729298
Total Pages : 696 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis American Law in a Global Context by : George P. Fletcher

Download or read book American Law in a Global Context written by George P. Fletcher and published by Oxford University Press. This book was released on 2005-02-03 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system.

The Spirit Of American Law

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Publisher : Routledge
ISBN 13 : 0429975457
Total Pages : 580 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Spirit Of American Law by : George S Grossman

Download or read book The Spirit Of American Law written by George S Grossman and published by Routledge. This book was released on 2018-04-24 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for the general public, the readings in this collection explore the roots of American law from pre-history to ancient Greece and Rome and the common law of England. America's legal development is traced from the drafting of the Constitution to the Rehnquist Court. Themes along the way include the ?Golden Age? of the early nineteenth century, when American law took on its distinctive character, the impact of slavery and the Civil War, and the struggles of the Progressives to regulate the nation's industrialized economy between the post-Civil War era and the New Deal. A reading on the Nuremberg Trials introduces the theme of international human rights, while post-war readings trace the nation's legal confrontations over civil liberties, civil rights, the rights of women, the protection of the environment, and legal protections for those accused of crimes. Dramatic highlights include the Sacco-Vanzetti case, the internment of Japanese-Americans during the Second World War, the trial of the ?Chicago Eight? during the Vietnam War, and the Watergate scandal. Leading personalities include Sirs Edward Coke and William Blackstone in England, Chief Justices John Marshall and Earl Warren, Justices Stephen J. Field, Oliver Wendell Holmes, Jr., Louis D. Brandeis, and Felix Frankfurter, and Judge Learned Hand. Readings on the future of American law explore the impact of alternative dispute resolution, science and technology, globalization, and space exploration, as well as trends in the legal profession and in legal philosophy.

The Transformation of American Law, 1780-1860

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Publisher : Harvard University Press
ISBN 13 : 0674038789
Total Pages : 378 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Transformation of American Law, 1780-1860 by : Morton J. HORWITZ

Download or read book The Transformation of American Law, 1780-1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

Commentaries on American Law by James Kent

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Publisher :
ISBN 13 :
Total Pages : 670 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Commentaries on American Law by James Kent by :

Download or read book Commentaries on American Law by James Kent written by and published by . This book was released on 1832 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Jurisprudence, 1870-1970

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Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis American Jurisprudence, 1870-1970 by : James E. Herget

Download or read book American Jurisprudence, 1870-1970 written by James E. Herget and published by . This book was released on 1990 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: