Paradigm Constraints in Crafting Questings for the Qualitative Exploration of Legal Theory by Scholars in Legal Education

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ISBN 13 :
Total Pages : 462 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Paradigm Constraints in Crafting Questings for the Qualitative Exploration of Legal Theory by Scholars in Legal Education by : Mathias Alfred Jaren

Download or read book Paradigm Constraints in Crafting Questings for the Qualitative Exploration of Legal Theory by Scholars in Legal Education written by Mathias Alfred Jaren and published by . This book was released on 2002 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dissertation Abstracts International

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Publisher :
ISBN 13 :
Total Pages : 550 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Dissertation Abstracts International by :

Download or read book Dissertation Abstracts International written by and published by . This book was released on 2002 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Doctoral Dissertations

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Publisher :
ISBN 13 :
Total Pages : 776 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis American Doctoral Dissertations by :

Download or read book American Doctoral Dissertations written by and published by . This book was released on 2001 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Research Methods in Law

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Publisher : Routledge
ISBN 13 : 1135051372
Total Pages : 274 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Research Methods in Law by : Dawn Watkins

Download or read book Research Methods in Law written by Dawn Watkins and published by Routledge. This book was released on 2013-07-18 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to explain in clear terms some of the main methodological approaches in legal research. This is an edited collection, with each chapter written by specialists in their field, researching in a variety of jurisdictions. Each contributor addresses the topic of "lay decision makers in the legal system" from one particular methodological perspective, explaining how they would approach the issue and discussing why their particular method might, or might not, be suited to this topic. In asking all contributors to focus on the same topic, the editors have sought to provide a common link throughout the text, thereby providing the reader with an opportunity to draw comparisons between methods with relative ease. In light of the broad geographical range of its contributors, the book is aimed at an international readership. This book will be of particular interest to PhD students in law, but it will also be of use to undergraduate dissertation students in law, LL.M Research students as well as prospective PhD students and early year researchers.

Radical Critiques of the Law

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ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Radical Critiques of the Law by : Stephen M. Griffin

Download or read book Radical Critiques of the Law written by Stephen M. Griffin and published by . This book was released on 1997 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory. The authors consider whether the critiques advanced in recent legal theory can truly be called radical and what form a radical critique of American law should take. Writing at the cutting edge of the critique of critical legal theory, they offer insights first on critical legal scholarship, then on feminist political and legal theory. A third group of contributions questions the radicalness of these approaches in light of their failure to challenge fundamental aspects of liberalism, while a final section focuses on current issues of legal reform through critical views on criminal punishment, including observations on rape and hate speech. Each major essay describes the underlying principles in the development of a radical legal theory and addresses unresolved questions relating to it, while accompanying commentaries present conflicting views. The resulting dialogue explores wide-ranging issues like equity, value relativism, adversarial and empathic legal advocacy, communitarianism and the social contract, impartiality and contingency, "natural" law, and corrective justice. A common thread for many of the articles is a focus on the social dimension of society and law, which finds the individualism of prevailing liberal theories too limiting. Radical Critiques of the Law is particularly unique in presenting critical and feminist approaches in one volume-along with skeptical commentary about just how radical some critiques really are. Proposing alternative critiques that embody considerably greater promise of being truly radical, it offers provocative reading for both philosophers and legal scholars by showing that many claims to radicalism are highly problematic at best.

Research Handbook on Critical Legal Theory

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786438895
Total Pages : 560 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Critical Legal Theory by : Emilios Christodoulidis

Download or read book Research Handbook on Critical Legal Theory written by Emilios Christodoulidis and published by Edward Elgar Publishing. This book was released on 2019 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.

Cracking the Case Method

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Publisher : Vandeplas Pub.
ISBN 13 : 9781600421594
Total Pages : 0 pages
Book Rating : 4.4/5 (215 download)

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Book Synopsis Cracking the Case Method by : Paul Bergman

Download or read book Cracking the Case Method written by Paul Bergman and published by Vandeplas Pub.. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cracking the Case Method is a concise and down-to-earth guide to the intellectual content of law school instruction, particularly in the first year. Readers will discover why and how law school instructors use appellate court cases as vehicles for teaching legal analysis. This book explains that legal analysis is a process by which judges and lawyers use argument (or rhetoric) to connect stories to legal conclusions, and reveals how to read judges' appellate court opinions as arguments rather than merely as sources of rules. To succeed in law school, students have to apply analytical skills to novel stories by crafting arguments of their own, both in class meetings and when answering final examination essay questions. This book promotes readers' ability to apply analytical skills by: - Demonstrating how to "brief" cases in a way that captures both arguments and rules; - Explaining and illustrating common types of arguments; - Using actual law school classroom dialogues annotated by the authors to explain how instructors use classes to further law schools' goal of teaching argument skills; - Setting forth effective final examination preparation strategies and techniques for crafting answers that demonstrate analytical skills; and - Illustrating final exam strategies and techniques by providing actual law school final examination questions followed by model answers annotated by the authors. The subjects that readers will study in law school (whether rules of contracts or processes such as jury trials) all emanate from the Common Law Tradition. To further enhance readers' analytical understanding and skills, the book concludes with a chapter that provides a brief and colorful overview of this rich and fascinating tradition. The chapter includes comparisons to the common law tradition's Civil Law counterparts, enhancing the book's value to all readers.. If you want to achieve academic success in law school, this book provides you with the tools you need to Crack the Case Method. Reviews: "Law school study fundamentally differs from university study. Most first year law students therefore find the transition from college to law school difficult and bumpy. This book explains the differences and gives a thorough guide to what it takes to do well in law school, especially during that crucial first year. Students who want a significant edge over their classmates will read it before the first day of 1L. I wish I had." Alex Kozinski Chief Judge of the United States Court of Appeals for the Ninth Circuit "The Authors provide an accessible and often humorous guide to the Case Method. In addition to demystifying legal studies for the new student, the book provides a sound foundation for the future practitioner; the object of the Case Method, in the main, is to allow the application of legal principles to help clients resolve their problems." Hector G. Gallegos Partner and Head of Morrison & Foerster LLP's Los Angeles Litigation Department "Legal education and the legal profession are in the midst of a profound restructuring brought on by a revolution in technology and dramatic changes in the economy. In the midst of such change, Cracking the Case Method is a critically important work that will help all law students develop a lawyer's most important tool - using the venerable case method to carry out legal analysis and to hone their analytical skills - the essence of every lawyer's work. Cracking the Case Method is not an abstract academic exercise, but a nuts and bolts, how to approach to analysis that will train better lawyers and promote just results in our judicial system. The case method may be over 100 years old but how to use it as an effective tool for good lawyering has never been done like it is in these pages." Jeffrey S. Brand Dean and Professor of Law University of San Francisco School of Law

Empirical Legal Research

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Publisher : Edward Elgar Publishing
ISBN 13 : 1782549412
Total Pages : 320 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Empirical Legal Research by : Frans L. Leeuw

Download or read book Empirical Legal Research written by Frans L. Leeuw and published by Edward Elgar Publishing. This book was released on 2016-03-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical Legal Research describes how to investigate the roles of legislation, regulation, legal policies and other legal arrangements at play in society. It is invaluable as a guide to legal scholars, practitioners and students on how to do empirical legal research, covering history, methods, evidence, growth of knowledge and links with normativity. This multidisciplinary approach combines insights and approaches from different social sciences, evaluation studies, Big Data analytics and empirically informed ethics. The authors present an overview of the roots of this blossoming interdisciplinary domain, going back to legal realism, the fields of law, economics and the social sciences, and also to civilology and evaluation studies. The book addresses not only data analysis and statistics, but also how to formulate adequate research problems, to use (and test) different types of theories (explanatory and intervention theories) and to apply new forms of literature research to the field of law such as the systematic, rapid and realist reviews and synthesis studies. The choice and architecture of research designs, the collection of data, including Big Data, and how to analyze and visualize data are also covered. The book discusses the tensions between the normative character of law and legal issues and the descriptive and causal character of empirical legal research, and suggests ways to help handle this seeming disconnect. This comprehensive guide is vital reading for law practitioners as well as for students and researchers dealing with regulation, legislation and other legal arrangements.

The Jurisprudential Foundations of Corporate and Commercial Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521038768
Total Pages : 256 pages
Book Rating : 4.0/5 (387 download)

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Book Synopsis The Jurisprudential Foundations of Corporate and Commercial Law by : Jody S. Kraus

Download or read book The Jurisprudential Foundations of Corporate and Commercial Law written by Jody S. Kraus and published by Cambridge University Press. This book was released on 2007-08-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together new essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. The volume addresses such questions as: is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency compatible? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law.

Advanced Introduction to Empirical Legal Research

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Publisher : Edward Elgar Publishing
ISBN 13 : 1839101059
Total Pages : 194 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Advanced Introduction to Empirical Legal Research by : Herbert M. Kritzer

Download or read book Advanced Introduction to Empirical Legal Research written by Herbert M. Kritzer and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers.

Realistic Socio-legal Theory

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Publisher : Oxford University Press
ISBN 13 : 9780198265603
Total Pages : 304 pages
Book Rating : 4.2/5 (656 download)

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Book Synopsis Realistic Socio-legal Theory by : Brian Z. Tamanaha

Download or read book Realistic Socio-legal Theory written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 1997 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

Thinking Like a Lawyer

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Publisher : Routledge
ISBN 13 : 0429973888
Total Pages : 350 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Thinking Like a Lawyer by : Kenneth J. Vandevelde

Download or read book Thinking Like a Lawyer written by Kenneth J. Vandevelde and published by Routledge. This book was released on 2018-04-19 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.

Asking the Law Question

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Publisher : Law Book Company for New South Wales Bar Association
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Asking the Law Question by : Margaret Jane Davies

Download or read book Asking the Law Question written by Margaret Jane Davies and published by Law Book Company for New South Wales Bar Association. This book was released on 2002 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essential reading for all those who wish to understand why legal theory is important to legal education, and for those who wish to extend their understanding of this dynamic academic discipline. A variety of perspectives are drawn together including social, literary, feminist and postmodernist theories.

Power, Legal Education, and Law School Cultures

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Publisher : Routledge
ISBN 13 : 9780367199401
Total Pages : 360 pages
Book Rating : 4.1/5 (994 download)

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Book Synopsis Power, Legal Education, and Law School Cultures by : Meera E Deo

Download or read book Power, Legal Education, and Law School Cultures written by Meera E Deo and published by Routledge. This book was released on 2019-10-20 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory's relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty.

Analyzing Law

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Publisher : Oxford University Press on Demand
ISBN 13 : 9780198265832
Total Pages : 327 pages
Book Rating : 4.2/5 (658 download)

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Book Synopsis Analyzing Law by : Brian Bix

Download or read book Analyzing Law written by Brian Bix and published by Oxford University Press on Demand. This book was released on 1998 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in this collection cover a wide range of approaches to law and legal theory, including Analytical Jurisprudence, Legal Realism, Law and Economics, Critical Legal Studies, Feminism, and Critical Race Theory. The essays consider foundational questions regarding the objectivity oflaw, the nature of rules, the relationship of law and morality and the philosophical foundations of the common law, and offer critical inquiries into whether law systematically fails women and racial minorities. The contributors, who include some of the best-known names in legal theory from the United States, Britain, Canada, and Israel, are responsible for some of the most important and challenging work in legal theory today. A central focus of the essays in this work is the contribution of the well-knownphilosopher Jules Coleman to the various topics which are covered by the contributors.

A Guide to Critical Legal Studies

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Publisher :
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Guide to Critical Legal Studies by : Mark Kelman

Download or read book A Guide to Critical Legal Studies written by Mark Kelman and published by . This book was released on 1987 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now there has been no summary or overview of the wide range of work contributing to critical legal studies, the movement that has aroused such a furor in the communities of law and political philosophy. This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well. A good deal of the writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Now Mark Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism. There are three central contradictions in liberal thought: between a commitment to mechanically applicable rules and to standards that fluctuate with situations; between intrinsic individual values and the objective knowledge of ethical truths; and between free will and determinism. Kelman shows us the pervasiveness of these contradictions in legal doctrine; their connection to broader political theory and to visions of human nature; and, finally, the degree to which mainstream thought tends to privilege certain of these commitments over others. The author also analyzes two of the most significant components of jurisprudence today the law and economics discipline and the legal process school. He concludes with a lively discussion of the role of law generally and of "cognitive legitimation," or the ways in which legal thought can make the unnecessary, the contingent, and the unjust seem natural, inevitable, and fair.

Law Lab Book

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Publisher :
ISBN 13 : 9781793576934
Total Pages : 430 pages
Book Rating : 4.5/5 (769 download)

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Book Synopsis Law Lab Book by : Jennifer N Pahre

Download or read book Law Lab Book written by Jennifer N Pahre and published by . This book was released on 2021-12-27 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law Lab Book: Case Studies for Legal Learning surveys the historical development and modern application of key areas of law in the United States. Through a collection of dynamic role-playing exercises, the book challenges students to apply the law in different scenarios and learn about the varied work of different legal professionals. The book is organized into 17 chapters. Within each chapter, students read about key legal concepts and then work together in a group as prosecutors, legislators, justices, ethics panelists, and others to resolve a Law Lab. For each Law Lab, students review the substance of the law and then consider the central issue of the lab, focusing on the facts and legal rules that apply to it. The group is challenged to work together to complete a legal test or answer questions. In doing so, they are encouraged to share their opinions, talk through legal complexities, and work toward a resolution. The book unites theoretical legal learning with concrete application, while also teaching students about the law and the legal profession. The Law Lab Book is an excellent core textbook for law survey courses or any course with the goal of introducing students to American law.