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Inside The American Legal Mind
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Book Synopsis Baseball and the American Legal Mind by : Spencer Weber Waller
Download or read book Baseball and the American Legal Mind written by Spencer Weber Waller and published by Taylor & Francis. This book was released on 1995 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.
Book Synopsis Inside the American Legal Mind by : Kevin J. Fandl
Download or read book Inside the American Legal Mind written by Kevin J. Fandl and published by Routledge. This book was released on 2015-10-05 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inside the American Legal Mind:An International Practitioner Guide to American Legal Reasoning clearly explains how to navigate within U.S. legal practice. A combination of common law legal history with the straight-shooting American style has resulted in an approach to issue analysis that is structurally different from other fields and from the civil law systems common in other countries. Precedent drives the interpretive process, providing the pillars upon which an American lawyer builds a case. Understanding how to capture relevant aspects of precedent, merge those aspects with precedent from seemingly distinct cases, and apply the resulting formula to a given fact pattern can be a harrowing experience for anyone untrained in American legal thinking. This book bridges that gap for aspiring lawyers in America as well as for foreign legal practitioners. Fandl clearly and concisely demonstrates how to research, analyze, and ultimately condense legal ideas into written form in the American legal style. Suitable for undergraduates in U.S. Criminal Justice programs and for LL.M. courses, as well as for continuing education for professionals.
Book Synopsis Law and the Modern Mind by : Susanna L. Blumenthal
Download or read book Law and the Modern Mind written by Susanna L. Blumenthal and published by Harvard University Press. This book was released on 2016-02-22 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.
Book Synopsis Laying Down the Law by : Pierre Schlag
Download or read book Laying Down the Law written by Pierre Schlag and published by NYU Press. This book was released on 1998-10-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century. --Choice, May 1997 Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover. --J. M. Balkin, Lafayette S. Foster Professor, Yale Law School At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law. His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.
Book Synopsis The Canon of American Legal Thought by : David Kennedy
Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Book Synopsis The Legal Mind by : Bartosz Broz&775;ek
Download or read book The Legal Mind written by Bartosz Broz&775;ek and published by Cambridge University Press. This book was released on 2019-11-28 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.
Book Synopsis The American Legal Profession in Crisis by : James E. Moliterno
Download or read book The American Legal Profession in Crisis written by James E. Moliterno and published by Oxford University Press. This book was released on 2013-02-26 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout history, the American legal profession has tried to hold tight to its identity by retreating into its traditional values and structure during times of self-perceived crisis. The American Legal Profession in Crisis: Resistance and Responses to Change analyzes the efforts of the legal profession to protect and maintain the status quo even as the world around it changed. Author James E. Moliterno, consistently argues that the profession has resisted societal change and sought to ban or discourage new models of legal representation created by such change. In response to every crisis, lawyers asked: "How can we stay even more 'the same' than we already are?" The legal profession has been an unwilling, capitulating entity to any transformation wrought by the overwhelming tide of change. Only when the shifts in society, culture, technology, economics, and globalization could no longer be denied did the legal profession make any proactive changes that would preserve status quo. This book demonstrates how the profession has held to its anachronistic ways at key crisis points in US history: Watergate, communist infiltration, waves of immigration, the explosion of litigation, and the current economic crisis that blends with dramatic changes in technology, communications, and globalization. Ultimately, Moliterno urges the profession to look outward and forward to find in society and culture the causes and connections with these periodic crises. Doing so would allow the profession to grow with the society, solve problems with, rather than against, the flow of society, and be more attuned to the very society the profession claims to serve. This paperback version includes a commentary on the prevailing crisis in legal education.
Download or read book The Legal Mind written by Daniel W. Park and published by CreateSpace. This book was released on 2013-11-26 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is the law so complicated? Why is it so hard to prove that someone else is lying? How can you get people to believe you're telling the truth? Why does it seem that lawyers always find something to argue about? In short, what is the law thinking? The Legal Mind is your backstage pass to the logic of the law and the legal system. The Legal Mind explains how the law finds facts and establishes rules in the face of deliberate deception, the fallibility of memory, the frailty of vision, and the ambiguity of language. Learn why seeing should not necessarily lead to believing, why circumstantial evidence is sometimes the best evidence, and why even the clearest rules almost always leave room for argument and debate. Smart, engaging, and insightful, The Legal Mind will delight and inform everyone who has ever wanted to know how the law works and why the legal system is the way it is.
Book Synopsis Minds on Trial by : Charles Patrick Ewing
Download or read book Minds on Trial written by Charles Patrick Ewing and published by Oxford University Press. This book was released on 2006-03-16 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minds on Trial: Great Cases in Law and Psychology gives you an inside view of 20 of the highest profile legal cases of the last 50 years. The authors skillfully convey the psychological and legal drama of each case, while providing important and fresh professional insights. Mental health and legal professionals, as well as others with an interest in psychology and the law will have a hard time putting this scholarly, yet readable book down.
Book Synopsis Law and the Modern Mind by : Jerome Frank
Download or read book Law and the Modern Mind written by Jerome Frank and published by Taylor & Francis. This book was released on 2017-07-12 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Book Synopsis Persons and Masks of the Law by : John T. Noonan
Download or read book Persons and Masks of the Law written by John T. Noonan and published by Univ of California Press. This book was released on 2002-05-29 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Noonan discusses how the concept of property, applied to a person, is a perfect mask since no trace of human identity remains. An auction of slaves in Virginia, the takeover of a banana plantation in Costa Rica, and an accident on the Long Island Railroad are the famous cases involving these four legal giants. The stories of the litigations at three different periods of our history provide a powerful analysis of American law. Breaking through the formalism in which jurisprudence is often enshrined, Noonan offers a compelling vision of law and a potent call for reform in the education and behavior of lawyers."--BOOK JACKET.
Book Synopsis A Companion to American Legal History by : Sally E. Hadden
Download or read book A Companion to American Legal History written by Sally E. Hadden and published by John Wiley & Sons. This book was released on 2013-02-22 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas
Book Synopsis The Schoolhouse Gate by : Justin Driver
Download or read book The Schoolhouse Gate written by Justin Driver and published by Vintage. This book was released on 2019-08-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Book Synopsis American Legal Thought from Premodernism to Postmodernism by : Stephen M. Feldman
Download or read book American Legal Thought from Premodernism to Postmodernism written by Stephen M. Feldman and published by Oxford University Press. This book was released on 2000-01-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
Book Synopsis Common Law and Natural Law in America by : Andrew Forsyth
Download or read book Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Download or read book White by Law written by Ian Haney Lopez and published by NYU Press. This book was released on 2006-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Whiteness pays. As White by Law shows, immigrants recognized the value of whiteness and sometimes petitioned the courts to be recognized as white. Haney Lspez argues for the centrality of law in constructing race."--Voice Literary Supplement"White by Law's thoughtful analysis of the prerequisite cases offers support for the fundamental critical race theory tenet that race is a social construct reinforced by law. Haney Lspez has blazed a trail for those exploring the legal and social constructions of race in the United States."--Berkeley Women's Law JournalLily white. White knights. The white dove of peace. White lie, white list, white magic. Our language and our culture are suffused, often subconsciously, with positive images of whiteness. Whiteness is so inextricably linked with the status quo that few whites, when asked, even identify themselves as such. And yet when asked what they would have to be paid to live as a black person, whites give figures running into the millions of dollars per year, suggesting just how valuable whiteness is in American society.Exploring the social, and specifically legal origins, of white racial identity, Ian F. Haney Lopez here examines cases in America's past that have been instrumental in forming contemporary conceptions of race, law, and whiteness. In 1790, Congress limited naturalization to white persons. This racial prerequisite for citizenship remained in force for over a century and a half, enduring until 1952. In a series of important cases, including two heard by the United States Supreme Court, judges around the country decided and defined who was white enough to become American.White by Law traces the reasoning employed by the courts intheir efforts to justify the whiteness of some and the non- whiteness of others. Did light skin make a
Download or read book Law and Mind written by Bartosz Brożek and published by Cambridge University Press. This book was released on 2021-04-29 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a novel look at the intricate relationship between the cognitive sciences and various dimensions of the law.
