Precedents

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The Law of Judicial Precedent

Author : Bryan A. Garner
Publisher :
ISBN 13 : 9780314634207
Total Pages : 0 pages
Book Rating : 4.6/5 (342 download)

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Book Synopsis The Law of Judicial Precedent by : Bryan A. Garner

Download or read book The Law of Judicial Precedent written by Bryan A. Garner and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.

Precedents and Case-Based Reasoning in the European Court of Justice

Author : Marc Jacob
Publisher : Cambridge University Press
ISBN 13 : 1107045495
Total Pages : 357 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Precedents and Case-Based Reasoning in the European Court of Justice by : Marc Jacob

Download or read book Precedents and Case-Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Dead Precedents

Author : Roy Christopher
Publisher : Watkins Media Limited
ISBN 13 : 1912248352
Total Pages : 288 pages
Book Rating : 4.9/5 (122 download)

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Book Synopsis Dead Precedents by : Roy Christopher

Download or read book Dead Precedents written by Roy Christopher and published by Watkins Media Limited. This book was released on 2019-03-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of how hip-hop created, and came to dominate, the twenty-first century. In Dead Precedents, Roy Christopher traces the story of how hip-hop invented the twenty-first century. Emerging alongside cyberpunk in the 1980s, the hallmarks of hip-hop - allusion, self-reference, the use of new technologies, sampling, the cutting and splicing of language and sound - would come to define the culture of the new millennium. Taking in the groundbreaking work of DJs and MCs, alongside writers like Dick and Gibson, as well as graffiti and DIY culture, Dead Precedents is a counter-culture history of the twentieth century, showcasing hip-hop's role in the creation of the world we now live in.

Common Precedents

Author : Ayelet Ben-Yishai
Publisher : Oxford University Press
ISBN 13 : 0199937648
Total Pages : 204 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Common Precedents by : Ayelet Ben-Yishai

Download or read book Common Precedents written by Ayelet Ben-Yishai and published by Oxford University Press. This book was released on 2013-04-25 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common Precedents maintains that precedent constitutes a sophisticated and powerful mechanism for managing social and cultural change. Reading major novels by George Eliot, Anthony Trollope, and Wilkie Collins, this analysis of law and literature shows that precedential reasoning enjoyed widespread cultural significance in the nineteenth-century as a means of preserving a sense of common history, values, and interests in the face of a new heterogeneous society. An in-depth analysis of Victorian law reports argues that precedential reasoning enables the recognition of the new and its assimilation as part of a continuous past. The binding force of precedent, which ties judges to decisions made by their predecessors, also functions as the binding element of an always shifting commonality, pulling it together in the face of rupture and dispersion. By appearing to bring the past seamlessly into the present, the form of legal precedent became material. It was vital to the preservation of a sense of commonality and continuity crucial to the common law and Victorian legal culture. But the impact of precedent extended beyond legal practices and institutions to the culture at large, and especially to its fiction. Ben-Yishai's monograph argues that understanding the structure of precedent also explains fictional form: how fictionality works, its epistemology, and the ways in which its commonalities are socially constructed, maintained, and reified. Common Precedents thus presents a cultural history of the forms of precedent and an intricate study of the formation of social convention.

Precedents in Architecture

Author : Roger H. Clark
Publisher : John Wiley & Sons
ISBN 13 : 1118170849
Total Pages : 356 pages
Book Rating : 4.1/5 (181 download)

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Book Synopsis Precedents in Architecture by : Roger H. Clark

Download or read book Precedents in Architecture written by Roger H. Clark and published by John Wiley & Sons. This book was released on 2012-02-15 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRECEDENTS IN ARCHITECTURE A TIMELY UPDATE OF THE ARCHITECTURAL CLASSIC ON DESIGN ANALYSIS Precedents in Architecture, Fourth Edition provides a vocabulary for architectural analysis that illuminates the works of leading architects and aids architects and designers in creating their own designs. Thirty-eight leading architects are represented in this updated edition through an analysis of more than 100 buildings that are assessed using a diagrammatic technique applicable to any building. This impressive collection includes fourteen new buildings and seven new, innovative architects distinguished by the strength, quality, and interest of their designs. It delivers valuable guidance in analyzing architectural history as an evolutionary process by exploring the commonality of design ideas reflected in a broad range of structures by internationally renowned architects. Both novices and seasoned professionals will find Precedents in Architecture, Fourth Edition to be a very useful tool for enriching their design vocabulary and for the ongoing assessment of buildings found in today’s evolving landscape.

Constitutional Precedent in US Supreme Court Reasoning

Author : Schultz, David
Publisher : Edward Elgar Publishing
ISBN 13 : 1839103132
Total Pages : 200 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis Constitutional Precedent in US Supreme Court Reasoning by : Schultz, David

Download or read book Constitutional Precedent in US Supreme Court Reasoning written by Schultz, David and published by Edward Elgar Publishing. This book was released on 2022-03-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.

Clark's Publishing Agreements

Author : Lynette Owen
Publisher :
ISBN 13 : 9781526516954
Total Pages : 920 pages
Book Rating : 4.5/5 (169 download)

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Book Synopsis Clark's Publishing Agreements by : Lynette Owen

Download or read book Clark's Publishing Agreements written by Lynette Owen and published by . This book was released on 2022 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Clark's Publishing Agreements has long been the 'must have' legal resource for the publishing industry. This comprehensive book provides 24 model agreements, from author agreements, to merchandising rights to online licensing to ebook distribution to text and data mining. It includes a "Legal Developments" introduction giving an overview of existing and forthcoming legislation (UK and international). It also covers new initiatives undertaken by the industry and acts as an essential checklist for industry professionals. The impact of these developments have been updated in the precedents, their accompanying notes and appendices. It also includes an "Introduction to Electronic Precedents" which highlights the continuing developments in the field of technology and their impact on licensing practice and contractual wording. For the eleventh edition all the precedents, explanatory notes and appendices have been thoroughly revised to take account of the latest developments including: - Coverage of podcasts - Inclusion of a new precedent on Open Access book author agreements - Coverage of audio deals, including arrangements with narrators - Precedent for a ghostwriter Whether an experienced drafter of publishing agreements or new to the industry Clark's Publishing Agreements will prove invaluable in ensuring that your publishing agreements are expertly and effectively drafted. This book comes with an electronic download of the precedents for you to adapt and use in your contracts. On purchase, you will be provided with a code and a web link from which the precedents can be downloaded in a generic format such as *.doc which will be compatible with all operating systems."--

America's Unwritten Constitution

Author : Akhil Reed Amar
Publisher : Basic Books (AZ)
ISBN 13 : 0465029574
Total Pages : 644 pages
Book Rating : 4.4/5 (65 download)

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Book Synopsis America's Unwritten Constitution by : Akhil Reed Amar

Download or read book America's Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Without Precedent

Author : Anna R. Hayes
Publisher : Univ of North Carolina Press
ISBN 13 : 9780807887813
Total Pages : 576 pages
Book Rating : 4.8/5 (878 download)

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Book Synopsis Without Precedent by : Anna R. Hayes

Download or read book Without Precedent written by Anna R. Hayes and published by Univ of North Carolina Press. This book was released on 2009-06-01 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first woman judge in the state of North Carolina and the first woman in the United States to be elected chief justice of a state supreme court, Susie Marshall Sharp (1907-1996) broke new ground for women in the legal profession. When she retired in 1979, she left a legacy burnished by her tireless pursuit of lucidity in the law, honesty in judges, and humane conditions in prisons. Anna Hayes presents Sharp's career as an attorney, distinguished judge, and politician within the context of the social mores, the legal profession, and the political battles of her day, illuminated by a careful and revealing examination of Sharp's family background, private life, and personality. Judge Sharp was viewed by contemporaries as the quintessential spinster, who had sacrificed marriage and family life for a successful career. The letters and journals she wrote throughout her life, however, reveal that Sharp led a rich private life in which her love affairs occupied a major place, unsuspected by the public or even her closest friends and family. With unrestricted access to Sharp's abundant journals, papers, and notes, Anna Hayes uncovers the story of a brilliant woman who transcended the limits of her times, who opened the way for women who followed her, and who improved the quality of justice for the citizens of her state. Without Precedent also tells the story of a complicated woman, at once deeply conservative and startlingly modern, whose intriguing self-contradictions reflect the complexity of human nature.

Interpreting Precedents

Author : D. Neil MacCormick
Publisher : Routledge
ISBN 13 : 1351926446
Total Pages : 604 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Interpreting Precedents by : D. Neil MacCormick

Download or read book Interpreting Precedents written by D. Neil MacCormick and published by Routledge. This book was released on 2016-12-05 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.

Precedent in the United States Supreme Court

Author : Christopher J. Peters
Publisher : Springer Science & Business Media
ISBN 13 : 9400779518
Total Pages : 233 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Precedent in the United States Supreme Court by : Christopher J. Peters

Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters and published by Springer Science & Business Media. This book was released on 2014-02-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

The Politics of Precedent on the U.S. Supreme Court

Author : Thomas G. Hansford
Publisher : Princeton University Press
ISBN 13 : 0691188041
Total Pages : 155 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Politics of Precedent on the U.S. Supreme Court by : Thomas G. Hansford

Download or read book The Politics of Precedent on the U.S. Supreme Court written by Thomas G. Hansford and published by Princeton University Press. This book was released on 2018-06-05 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

The Power of Precedent

Author : Michael J. Gerhardt
Publisher : Oxford University Press
ISBN 13 : 0199795797
Total Pages : 353 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis The Power of Precedent by : Michael J. Gerhardt

Download or read book The Power of Precedent written by Michael J. Gerhardt and published by Oxford University Press. This book was released on 2011 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.

Settled Versus Right

Author : Randy J. Kozel
Publisher : Cambridge University Press
ISBN 13 : 110712753X
Total Pages : 191 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Settled Versus Right by : Randy J. Kozel

Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.

The Nature and Authority of Precedent

Author : Neil Duxbury
Publisher :
ISBN 13 : 9781107186583
Total Pages : 189 pages
Book Rating : 4.1/5 (865 download)

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Book Synopsis The Nature and Authority of Precedent by : Neil Duxbury

Download or read book The Nature and Authority of Precedent written by Neil Duxbury and published by . This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.

Precedent: Book Three: Covenant of Trust Series

Author : Paula Wiseman
Publisher : MindStir Media
ISBN 13 : 9780981964843
Total Pages : 362 pages
Book Rating : 4.9/5 (648 download)

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Book Synopsis Precedent: Book Three: Covenant of Trust Series by : Paula Wiseman

Download or read book Precedent: Book Three: Covenant of Trust Series written by Paula Wiseman and published by MindStir Media. This book was released on 2011-10-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Brad Molinsky's life is cut short by a stray bullet... Jack loses more than a brother, and slips into directionless despondency. Shannon's grief finds its outlet in angry rebellion, but with devastating consequences. Chuck struggles with a sense of powerlessness and with the fear he's brought a far-reaching curse on his family with his affair. Bobbi teeters on the edge of emotional collapse, but a cancer diagnosis seems to offer her a way out. Yet, in their darkest moments, God sends hope and answers from the most unexpected places.

Interpreting Statutes

Author : D. Neil MacCormick
Publisher : Routledge
ISBN 13 : 1351926381
Total Pages : 509 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Interpreting Statutes by : D. Neil MacCormick

Download or read book Interpreting Statutes written by D. Neil MacCormick and published by Routledge. This book was released on 2016-12-05 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.