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Legal Realism At Yale 1927 1960
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Book Synopsis Legal Realism at Yale, 1927-1960 by : Laura Kalman
Download or read book Legal Realism at Yale, 1927-1960 written by Laura Kalman and published by UNC Press Books. This book was released on 2016-08-01 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than one hundred years, Harvard's use of the case method of appellate opinions dominated legal education. Deploring the attempt to reduce law to an autonomous system of rules and principles, the realists at Yale developed a functional approach to the discipline--one that stressed the factual context of the case rather than the legal principles it raised, one that attempted to address issues of social policy by integrating law with the social sciences. Originally published 1986. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Book Synopsis Yale Law School and the Sixties by : Laura Kalman
Download or read book Yale Law School and the Sixties written by Laura Kalman and published by Univ of North Carolina Press. This book was released on 2006-05-18 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with Yale's past and with the social climate in which they lived. During a charged moment in the history of the United States, activists challenged senior professors, and the resulting clash pitted young against old in a very human story. By demanding changes in admissions, curriculum, grading, and law practice, Laura Kalman argues, these students transformed Yale Law School and the future of American legal education. Inspired by Yale's legal realists of the 1930s, Yale law students between 1967 and 1970 spawned a movement that celebrated participatory democracy, black power, feminism, and the counterculture. After these students left, the repercussions hobbled the school for years. Senior law professors decided against retaining six junior scholars who had witnessed their conflict with the students in the early 1970s, shifted the school's academic focus from sociology to economics, and steered clear of critical legal studies. Ironically, explains Kalman, students of the 1960s helped to create a culture of timidity until an imaginative dean in the 1980s tapped into and domesticated the spirit of the sixties, helping to make Yale's current celebrity possible.
Book Synopsis The Strange Career of Legal Liberalism by : Laura Kalman
Download or read book The Strange Career of Legal Liberalism written by Laura Kalman and published by Yale University Press. This book was released on 1998-08-11 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholarship is in a state of crisis, Laura Kalman argues in this history of the most prestigious field in law studies: constitutional theory. Since the time of the New Deal, says Kalman, most law scholars have identified themselves as liberals who believe in the power of the Supreme Court to effect progressive social change. In recent years, however, new political and interdisciplinary perspectives have undermined the tenets of legal liberalism, and liberal law professors have enlisted other disciplines in the attempt to legitimize their beliefs. Such prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and Frank Michelman have incorporated the work of historians into their legal theories and arguments, turning to eighteenth-century republicanism--which stressed communal values and an active citizenry--to justify their goals. Kalman, a historian and a lawyer, suggests that reliance on history in legal thinking makes sense at a time when the Supreme Court repeatedly declares that it will protect only those liberties rooted in history and tradition. There are pitfalls in interdisciplinary argumentation, she cautions, for historians' reactions to this use of their work have been unenthusiastic and even hostile. Yet lawyers, law professors, and historians have cooperated in some recent Supreme Court cases, and Kalman concludes with a practical examination of the ways they can work together more effectively as social activists.
Book Synopsis Law in American History, Volume II by : G. Edward White
Download or read book Law in American History, Volume II written by G. Edward White and published by Oxford University Press. This book was released on 2016-02-15 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.
Book Synopsis The Long Reach of the Sixties by : Laura Kalman
Download or read book The Long Reach of the Sixties written by Laura Kalman and published by Oxford University Press. This book was released on 2017 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Americans often hear that Presidential elections are about "who controls" the Supreme Court. In The Long Reach of the Sixties, eminent legal historian Laura Kalman focuses on the period between 1965 and 1971, when Presidents Johnson and Nixon launched the most ambitious effort to do so since Franklin Roosevelt tried to pack it with additional justices. Those six years-- the apex of the Warren Court, often described as the most liberal in American history, and the dawn of the Burger Court--saw two successful Supreme Court nominations and two failed ones by LBJ, four successful nominations and two failed ones by Nixon, the first resignation of a Supreme Court justice as a result of White House pressure, and the attempted impeachment of another. Using LBJ and Nixon's telephone conversations and a wealth of archival collections, Kalman roots their efforts to mold the Court in their desire to protect their Presidencies, and she sets the contests over it within the broader context of a struggle between the executive, judicial and legislative branches of government. The battles that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's work generally reflected public opinion, these fights calcified the image of the Warren Court as "activist" and "liberal" in one of the places that image hurts the most--the contemporary Supreme Court appointment process. To this day, the term "activist Warren Court" has totemic power among conservatives. Kalman has a second purpose as well: to explain how the battles of the sixties changed the Court itself as an institution in the long term and to trace the ways in which the 1965-71 period has haunted--indeed scarred--the Supreme Court appointments process"--
Book Synopsis Law in American History, Volume III by : G. Edward White
Download or read book Law in American History, Volume III written by G. Edward White and published by Oxford University Press. This book was released on 2019-04-25 with total page 1117 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.
Book Synopsis Legal Realism and American Law by : Justin Zaremby
Download or read book Legal Realism and American Law written by Justin Zaremby and published by Bloomsbury Publishing USA. This book was released on 2013-12-05 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
Book Synopsis Research Handbook on Modern Legal Realism by : Shauhin Talesh
Download or read book Research Handbook on Modern Legal Realism written by Shauhin Talesh and published by Edward Elgar Publishing. This book was released on 2021-03-26 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
Book Synopsis History of the Yale Law School by : Anthony T. Kronman
Download or read book History of the Yale Law School written by Anthony T. Kronman and published by Yale University Press. This book was released on 2008-10-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entity that became the Yale Law School started life early in the nineteenth century as a proprietary school, operated as a sideline by a couple of New Haven lawyers. The New Haven school affiliated with Yale in the 1820s, but it remained so frail that in 1845 and again in 1869 the University seriously considered closing it down. From these humble origins, the Yale Law School went on to become the most influential of American law schools. In the later nineteenth century the School instigated the multidisciplinary approach to law that has subsequently won nearly universal acceptance. In the 1930s the Yale Law School became the center of the jurisprudential movement known as legal realism, which has ever since shaped American law. In the second half of the twentieth century Yale brought the study of constitutional and international law to prominence, overcoming the emphasis on private law that had dominated American law schools. By the end of the twentieth century, Yale was widely acknowledged as the nation’s leading law school. The essays in this collection trace these notable developments. They originated as a lecture series convened to commemorate the tercentenary of Yale University. A distinguished group of scholars assembled to explore the history of the School from the earliest days down to modern times. This volume preserves the highly readable format of the original lectures, supported with full scholarly citations. Contributors to this volume are Robert W. Gordon, Laura Kalman, John H. Langbein, Gaddis Smith, and Robert Stevens, with an introduction by Anthony T. Kronman.
Book Synopsis All Judges Are Political—Except When They Are Not by : Keith Bybee
Download or read book All Judges Are Political—Except When They Are Not written by Keith Bybee and published by Stanford University Press. This book was released on 2010-08-24 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an age where one person's judicial "activist" legislating from the bench is another's impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: "I plead with you, that, whatever you do, don't try to apply the rules of the political world to this institution; they do not apply." The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Law, like courtesy, furnishes a means of getting along. It frames disputes in collectively acceptable ways, and it is a habitual practice, drummed into the minds of citizens by popular culture and formal institutions. The rule of law, thus, is neither particularly fair nor free of paradoxical tensions, but it endures. Although pervasive public skepticism raises fears of judicial crisis and institutional collapse, such skepticism is also an expression of how our legal system ordinarily functions.
Book Synopsis Beyond All Reason by : Daniel A. Farber
Download or read book Beyond All Reason written by Daniel A. Farber and published by Oxford University Press, USA. This book was released on 1997 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended for law academics; readers interested in the multicultural debates.
Book Synopsis The Transformation of American Law, 1870-1960 by : Morton J. Horwitz
Download or read book The Transformation of American Law, 1870-1960 written by Morton J. Horwitz and published by Oxford University Press. This book was released on 1994-12-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the first volume of Morton Horwitz's monumental history of American law appeared in 1977, it was universally acclaimed as one of the most significant works ever published in American legal history. The New Republic called it an "extremely valuable book." Library Journal praised it as "brilliant" and "convincing." And Eric Foner, in The New York Review of Books, wrote that "the issues it raises are indispensable for understanding nineteenth-century America." It won the coveted Bancroft Prize in American History and has since become the standard source on American law for the period between 1780 and 1860. Now, Horwitz presents The Transformation of American Law, 1870 to 1960, the long-awaited sequel that brings his sweeping history to completion. In his pathbreaking first volume, Horwitz showed how economic conflicts helped transform law in antebellum America. Here, Horwitz picks up where he left off, tracing the struggle in American law between the entrenched legal orthodoxy and the Progressive movement, which arose in response to ever-increasing social and economic inequality. Horwitz introduces us to the people and events that fueled this contest between the Old Order and the New. We sit in on Lochner v. New York in 1905--where the new thinkers sought to undermine orthodox claims for the autonomy of law--and watch as Progressive thought first crystallized. We meet Oliver Wendell Holmes, Jr. and recognize the influence of his incisive ideas on the transformation of law in America. We witness the culmination of the Progressive challenge to orthodoxy with the emergence of Legal Realism in the 1920s and '30s, a movement closely allied with other intellectual trends of the day. And as postwar events unfold--the rise of totalitarianism abroad, the McCarthyism rampant in our own country, the astonishingly hostile academic reaction to Brown v. Board of Education--we come to understand that, rather than self-destructing as some historians have asserted, the Progressive movement was alive and well and forming the roots of the legal debates that still confront us today. The Progressive legacy that this volume brings to life is an enduring one, one which continues to speak to us eloquently across nearly a century of American life. In telling its story, Horwitz strikes a balance between a traditional interpretation of history on the one hand, and an approach informed by the latest historical theory on the other. Indeed, Horwitz's rich view of American history--as seen from a variety of perspectives--is undertaken in the same spirit as the Progressive attacks on an orthodoxy that believed law an objective, neutral entity. The Transformation of American Law is a book certain to revise past thinking on the origins and evolution of law in our country. For anyone hoping to understand the structure of American law--or of America itself--this volume is indispensable.
Book Synopsis American Legal Realism and Empirical Social Science by : John Henry Schlegel
Download or read book American Legal Realism and Empirical Social Science written by John Henry Schlegel and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge the received notion that the study of law was primarily a matter of learning rules and how to manipulate them. He argues that empirical research was integral to Legal Realism, and he explores why this kind of research did not, finally, become a part of American law school curricula. Schlegel reviews the work of several prominent Realists but concentrates on the writings of Walter Wheeler Cook, Underhill Moore, and Charles E. Clark. He reveals how their interest in empirical research was a product of their personal and professional circumstances and demonstrates the influence of John Dewey's ideas on the expression of that interest. According to Schlegel, competing understandings of the role of empirical inquiry contributed to the slow decline of this kind of research by professors of law. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Book Synopsis The University of Chicago by : John W. Boyer
Download or read book The University of Chicago written by John W. Boyer and published by University of Chicago Press. This book was released on 2015-09-23 with total page 717 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most influential institutions of higher learning in the world, the University of Chicago has a powerful and distinct identity, and its name is synonymous with intellectual rigour. John W. Boyer presents a fascinating narrative of a legendary academic community, one that brings to light the nature of its academic culture and curricula, the experience of its students, its engagement with Chicago's civic community, and the conditions that have enabled the University to survive and sustain itself through decades of change.
Book Synopsis The Lost World of Classical Legal Thought by : William M. Wiecek
Download or read book The Lost World of Classical Legal Thought written by William M. Wiecek and published by Oxford University Press, USA. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.
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, USA. This book was released on 2015 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.
Book Synopsis The New Legal Realism: Volume 1 by : Elizabeth Mertz
Download or read book The New Legal Realism: Volume 1 written by Elizabeth Mertz and published by Cambridge University Press. This book was released on 2017-05-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of two volumes announcing the emergence of the new legal realism as a field of study. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 1 lays the groundwork for this novel and comprehensive approach with an innovative mix of theoretical, historical, pedagogical, and empirical perspectives. Their empirical work covers such wide-ranging topics as the financial crisis, intellectual property battles, the legal disenfranchisement of African-American landowners, and gender and racial prejudice on law school faculties. The methodological blueprint offered here will be essential for anyone interested in the future of law-and-society.
