Harvard Law Review Vol 8 Classic Reprint

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A World of Struggle

Author : David Kennedy
Publisher : Princeton University Press
ISBN 13 : 0691180873
Total Pages : 344 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis A World of Struggle by : David Kennedy

Download or read book A World of Struggle written by David Kennedy and published by Princeton University Press. This book was released on 2018-05-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: How today's unjust global order is shaped by uncertain expert knowledge—and how to fix it A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.

Legal Orientalism

Author : Teemu Ruskola
Publisher : Harvard University Press
ISBN 13 : 0674075781
Total Pages : 358 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Legal Orientalism by : Teemu Ruskola

Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

The Trolley Problem Mysteries

Author : Frances Myrna Kamm
Publisher : Oxford University Press
ISBN 13 : 0190247150
Total Pages : 273 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Trolley Problem Mysteries by : Frances Myrna Kamm

Download or read book The Trolley Problem Mysteries written by Frances Myrna Kamm and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous treatment of a thought experiment that has become notorious within and outside of philosophy - The Trolley Problem - by one of the most influential moral philosophers alive today Suppose you can stop a trolley from killing five people, but only by turning it onto a side track where it will kill one. May you turn the trolley? What if the only way to rescue the five is to topple a bystander in front of the trolley so that his body stops it but he dies? May you use a device to stop the trolley that will kill a bystander as a side effect? The "Trolley Problem" challenges us to explain and justify our different intuitive judgments about these and related cases and has spawned a huge literature. F.M. Kamm's 2013 Tanner Lectures present some of her views on this notorious moral conundrum. After providing a brief history of changing views of what the problem is about and attempts to solve it, she focuses on two prominent issues: Does who turns the trolley and how the harm is shifted affect the moral permissibility of acting? The answers to these questions lead to general proposals about when we may and may not harm some to help others. Three distinguished philosophers - Judith Jarvis Thomson (one of the originators of the trolley problem), Thomas Hurka, and Shelly Kagan - then comment on Kamm's proposals. She responds to each comment at length, providing an exceptionally rich elaboration and defense of her views. The Trolley Problem Mysteries is an invaluable resource not only to philosophers concerned about the Trolley Problem, but to anyone worried about how we ought to act when we can lessen harm to some by harming others and how we can reach a decision about the question.

Tocqueville's Nightmare

Author : Daniel R. Ernst
Publisher :
ISBN 13 : 0199920869
Total Pages : 241 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst

Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by . This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.

Foreign Affairs Federalism

Author : Michael J. Glennon
Publisher : Oxford University Press
ISBN 13 : 0199355908
Total Pages : 433 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Foreign Affairs Federalism by : Michael J. Glennon

Download or read book Foreign Affairs Federalism written by Michael J. Glennon and published by Oxford University Press. This book was released on 2016-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.

Getting to Yes

Author : Roger Fisher
Publisher : Houghton Mifflin Harcourt
ISBN 13 : 9780395631249
Total Pages : 242 pages
Book Rating : 4.6/5 (312 download)

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Book Synopsis Getting to Yes by : Roger Fisher

Download or read book Getting to Yes written by Roger Fisher and published by Houghton Mifflin Harcourt. This book was released on 1991 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.

Broken Contract

Author : Richard D. Kahlenberg
Publisher : Univ of Massachusetts Press
ISBN 13 : 9781558492349
Total Pages : 264 pages
Book Rating : 4.4/5 (923 download)

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Book Synopsis Broken Contract by : Richard D. Kahlenberg

Download or read book Broken Contract written by Richard D. Kahlenberg and published by Univ of Massachusetts Press. This book was released on 1999 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1986, 70 percent of the first-year class of Harvard Law School wanted to pursue careers in public-interest law. Ten years later, the same percentage of this class was pursuing careers in private corporate firms. How is it that these students began their careers interested in using law as a vehicle for social change, but ended up in those very law firms most resistant to change? How are law students able to reconcile liberal politics with careers in corporate law? Richard D. Kahlenberg's Broken Contract serves to warn prospective law students on the transformation that happens during the second and third years. His memoir explores the intense competitiveness and insidious pressure leading to jobs that are lucrative, prestigious, and challenging-but ultimately unsatisfying. Though Broken Contract doesn't seek to convince every law student to go into public service, Kahlenberg means to challenge and restructure our social institutions to make it easier to follow our impulses toward good instead of toward the goods.

Deciding to Decide

Author : H. W. Perry
Publisher : Harvard University Press
ISBN 13 : 9780674042063
Total Pages : 332 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Deciding to Decide by : H. W. Perry

Download or read book Deciding to Decide written by H. W. Perry and published by Harvard University Press. This book was released on 2009-06-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.

Harvard Law Review: Volume 125, Number 7 - May 2012

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610279484
Total Pages : 661 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 125, Number 7 - May 2012 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 125, Number 7 - May 2012 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2012-05-15 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featured articles and essays in this issue are from recognized scholars in law and legal theory, including a Symposium on private law. The issue also includes the article “Regulation for the Sake of Appearance,” by Adam Samaha. The Symposium contents are: THE NEW PRIVATE LAW -- “Introduction: Pragmatism and Private Law,” by John C.P. Goldberg -- “The Obligatory Structure of Copyright Law: Unbundling the Wrong of Copying,” by Shyamkrishna Balganesh -- “Property as the Law of Things,” by Henry E. Smith -- “Duties, Liabilities, and Damages,” by Stephen A. Smith -- “Palsgraf, Punitive Damages, and Preemption,” by Benjamin C. Zipursky The issue includes two student Notes: “The Perils of Fragmentation and Reckless Innovation,” and “Independence, Congressional Weakness, and the Importance of Appointment: The Impact of Combining Budgetary Autonomy with Removal Protection” In addition, student contributions on Recent Cases and Legislation explore the law relating to tasers as excessive force, free speech rights of teachers, employment discrimination disparate impact, separation of powers in dealing with Guantánamo transfers, and excessive sentencing using an uncharged murder. Finally, there are six Book Notes of Recent Publications.

The Common Law

Author : Oliver Wendell Holmes
Publisher :
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Common Law by : Oliver Wendell Holmes

Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Democracy and Distrust

Author : John Hart Ely
Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Democracy and Distrust by : John Hart Ely

Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

On Reading the Constitution

Author : Laurence H. TRIBE
Publisher : Harvard University Press
ISBN 13 : 0674044452
Total Pages : 157 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis On Reading the Constitution by : Laurence H. TRIBE

Download or read book On Reading the Constitution written by Laurence H. TRIBE and published by Harvard University Press. This book was released on 2009-06-30 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Harvard Law Review: Volume 127, Number 1 - November 2013

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610278887
Total Pages : 578 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 127, Number 1 - November 2013 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 127, Number 1 - November 2013 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2013-11-10 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2012 Term, articles and essays include: • Foreword: "Equality Divided," by Reva B. Siegel • Comment: "Beyond the Discrimination Model on Voting," by Samuel Issacharoff • Comment: "Windsor and Brown: Marriage Equality and Racial Equality," by Michael J. Klarman • Comment: "License, Registration, Cheek Swab: DNA Testing and the Divided Court," by Erin Murphy The issue also features essays on substantive and procedural law, and judicial method, honoring Justice Ruth Bader Ginsburg and her 20 years on the Court. The essays are written by such scholars as Deborah Anker, Susan Farbstein, Judge Nancy Gertner, Lani Guinier, Vicki Jackson, Richard Lazarus, John Manning, Martha Minow, Carol Steiker, Julie Suk, Laurence Tribe, and Mark Tushnet. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects. Student commentary on Leading Cases of the 2012 Term includes recent cases on: federal preemption regarding elections; the Privileges and Immunities Clause; unconstitutional conditions violating free speech; effective assistance of counsel; dog-sniffing at the doorstep under the Fourth Amendment; jury trial right for mandatory sentencing; affirmative action in public universities; class action certification in securities cases; class action waivers in arbitration clauses; plain error review when new law is made after appeal; standing in government surveillance challenges; extraterritoriality under the Alien Tort Statute; actual innocence under AEDPA; deference to agencies in clean water and communication act cases; the First Sale Doctrine in copyright law; patent exhaustion; patentable subject matter; reverse payment settlements; Indian adoptions; and employer liability for supervisor harassment under Title VII. Complete statistical graphs and tables of the Court's actions and results during the Term are included. Finally, the issue features several summaries of Recent Publications.

Living Originalism

Author : Jack M. Balkin
Publisher : Harvard University Press
ISBN 13 : 0674063031
Total Pages : 481 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Living Originalism by : Jack M. Balkin

Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Equal Justice

Author : Frederick Wilmot-Smith
Publisher : Harvard University Press
ISBN 13 : 0674243730
Total Pages : 273 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Equal Justice by : Frederick Wilmot-Smith

Download or read book Equal Justice written by Frederick Wilmot-Smith and published by Harvard University Press. This book was released on 2019-10-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A philosophical and legal argument for equal access to good lawyers and other legal resources. Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them. In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.

One Case at a Time

Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 9780674005792
Total Pages : 310 pages
Book Rating : 4.0/5 (57 download)

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Book Synopsis One Case at a Time by : Cass R. Sunstein

Download or read book One Case at a Time written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2001 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how--and why--the Court has avoided broad rulings, and in doing so has fostered public debate on difficult topics.

Harvard Law Review: Volume 125, Number 5 - March 2012

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610279417
Total Pages : 334 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 125, Number 5 - March 2012 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 125, Number 5 - March 2012 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2012-03-10 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a quality ebook edition, featuring active Contents, linked footnotes and cross-references, linked URLs, legible tables, and proper formatting. This current issue of the Review is March 2012, the fifth issue of academic year 2011-2012 (Volume 125). Featured articles in this issue are from such recognized scholars as Jody Freeman and Jim Rossi, on the coordination of administrative agencies when they share regulatory space, and James Whitman, reviewing Bernard Harcourt's new book on the illusion of free markets as to prisons. Student contributions explore the law relating to antitrust law and business deception; the failed Google Books settlement; mergers and acquisitions; materiality in securities law; administrative law; patentable subject matter; and paid sick leave. Finally, the issue includes two Book Notes.