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Author : James Mathers
Publisher :
ISBN 13 : 9780962864025
Total Pages : 0 pages
Book Rating : 4.8/5 (64 download)
Download or read book The Constitutional Common-Law Trust written by James Mathers and published by . This book was released on 1996-06 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John H. Langbein
Publisher : Aspen Publishing
ISBN 13 : 0735596042
Total Pages : 1310 pages
Book Rating : 4.7/5 (355 download)
Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishing. This book was released on 2009-08-14 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs. Two great themes dominate the book: (1) the origins, development, and pervasive influence of the jury system and judge/jury relations across eight centuries of Anglo-American civil and criminal justice; and (2) the law/equity division, from the emergence of the Court of Chancery in the fourteenth century down through equity's conquest of common law in the Federal Rules of Civil Procedure. The chapters on criminal justice explore the history of pretrial investigation, policing, trial, and sentencing, as well as the movement in modern times to nonjury resolution through plea bargaining. Considerable attention is devoted to distinctively American developments, such as the elective bench, and the influence of race relations on the law of criminal procedure. Other major subjects of this book include the development of the legal profession, from the serjeants, barristers, and attorneys of medieval times down to the transnational megafirms of twenty-first century practice; the literature of the law, especially law reports and treatises, from the Year Books and Bracton down to the American state reports and today's electronic services; and legal education, from the founding of the Inns of Court to the emergence and growth of university law schools in the United States.
Author : John Laws
Publisher : Cambridge University Press
ISBN 13 : 1107077729
Total Pages : 107 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Common Law Constitution written by John Laws and published by Cambridge University Press. This book was released on 2014-07-17 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law is not a science, for its purpose is not to find out natural facts. It is an art as architecture is an art: its function is practical, but it is enhanced by such qualities as elegance, economy and clarity. The law has two practical purposes: first, to require, forbid or penalise forms of conduct between citizen and citizen, and citizen and State; secondly, to provide formal rules for classes of human activity whose fulfilment would otherwise be confused, uncertain or ineffective. Laws in the former category include every provision for a remedy"--
Author : Harry Potter
Publisher : Boydell & Brewer Ltd
ISBN 13 : 178327011X
Total Pages : 364 pages
Book Rating : 4.7/5 (832 download)
Download or read book Law, Liberty and the Constitution written by Harry Potter and published by Boydell & Brewer Ltd. This book was released on 2015 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new approach to the telling of legal history, devoid of jargon and replete with good stories, which will be of interest to anyone wishing to know more about the common law - the spinal cord of the English body politic.
Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771372
Total Pages : 828 pages
Book Rating : 4.5/5 (847 download)
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author : Andrew Forsyth
Publisher : Cambridge University Press
ISBN 13 : 110847697X
Total Pages : 173 pages
Book Rating : 4.1/5 (84 download)
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.
Author : Anita Bernstein
Publisher : Cambridge University Press
ISBN 13 : 1107177812
Total Pages : 275 pages
Book Rating : 4.1/5 (71 download)
Download or read book The Common Law Inside the Female Body written by Anita Bernstein and published by Cambridge University Press. This book was released on 2019 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains why lawyers seeking gender progress from primary legal materials should start with the common law.
Author : Simon Gardner
Publisher : OUP Oxford
ISBN 13 : 0191620890
Total Pages : 400 pages
Book Rating : 4.1/5 (916 download)
Download or read book An Introduction to the Law of Trusts written by Simon Gardner and published by OUP Oxford. This book was released on 2011-05-05 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law. Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading. Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.
Author : Stephen M. Griffin
Publisher : University Press of Kansas
ISBN 13 : 0700621229
Total Pages : 216 pages
Book Rating : 4.7/5 (6 download)
Download or read book Broken Trust written by Stephen M. Griffin and published by University Press of Kansas. This book was released on 2015-08-21 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Variously and roundly perceived as gridlocked, incompetent, irresponsible, and corrupt, American government commands less respect and trust today than perhaps at any time in the nation's history. But the dysfunction in government that we like so little, along with the policy disasters it engenders, is in fact a product of that deep and persistent distrust, Stephen M. Griffin contends in Broken Trust, an accessible work of constitutional theory and history with profound implications for our troubled political system. Undertaken with a deep concern about the way our government is performing, Broken Trust makes use of the debate over dysfunctional government to uncover significant flaws in the conventional wisdom as to how the Constitution works. Indeed, although Americans strongly believe that our government is dysfunctional, they are just as firmly convinced that the Constitution still works well. Griffin questions this conviction by examining how recent policy disasters—such as the 9/11 terrorist attacks, the response to Hurricane Katrina, and the 2008 financial crisis—are linked to our constitutional system. This leads him to pose the question of whether the government institutions we have inherited from the eighteenth century are poor fits for contemporary times. Griffin argues that understanding the decline of trust in government requires investigating the historical circumstances of the last several decades as well as the constitutional experience of the states. In particular, he examines “hybrid democracy,” the form of constitutionalism prevailing in California and other western states that combines Madisonian-style representative government with direct democracy. Hybrid democracy offers valuable lessons relevant to our contemporary difficulties with dysfunctional government at the national level. These lessons underpin the agenda for reform that Griffin then proposes, emphasizing democratic innovations aimed at producing both more effective government and greater trust in our political institutions. Building on a better understanding of the sources and consequences of government dysfunction, his book holds genuine hope, as well as practical possibilities, for the repair of our broken political and constitutional system.
Author : Adrian Vermeule
Publisher : John Wiley & Sons
ISBN 13 : 1509548882
Total Pages : 171 pages
Book Rating : 4.5/5 (95 download)
Download or read book Common Good Constitutionalism written by Adrian Vermeule and published by John Wiley & Sons. This book was released on 2022-02-08 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: The way that Americans understand their Constitution and wider legal tradition has been dominated in recent decades by two exhausted approaches: the originalism of conservatives and the “living constitutionalism” of progressives. Is it time to look for an alternative? Adrian Vermeule argues that the alternative has been there, buried in the American legal tradition, all along. He shows that US law was, from the founding, subsumed within the broad framework of the classical legal tradition, which conceives law as “a reasoned ordering to the common good.” In this view, law’s purpose is to promote the goods a flourishing political community requires: justice, peace, prosperity, and morality. He shows how this legacy has been lost, despite still being implicit within American public law, and convincingly argues for its recovery in the form of “common good constitutionalism.” This erudite and brilliantly original book is a vital intervention in America’s most significant contemporary legal debate while also being an enduring account of the true nature of law that will resonate for decades with scholars and students.
Author : John Laws
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935460
Total Pages : 169 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Constitutional Balance written by John Laws and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author : Jeffrey Shulman
Publisher : Yale University Press
ISBN 13 : 0300206747
Total Pages : 358 pages
Book Rating : 4.3/5 (2 download)
Download or read book The Constitutional Parent written by Jeffrey Shulman and published by Yale University Press. This book was released on 2014-07-01 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman’s illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility—as a sacred trust, not a sacred right—we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.
Author : Joseph D. Kearney
Publisher : Cornell University Press
ISBN 13 : 150175467X
Total Pages : 532 pages
Book Rating : 4.5/5 (17 download)
Download or read book Lakefront written by Joseph D. Kearney and published by Cornell University Press. This book was released on 2021-05-15 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.
Author : Paolo Panico
Publisher : Oxford University Press, USA
ISBN 13 : 9780198754220
Total Pages : 0 pages
Book Rating : 4.7/5 (542 download)
Download or read book International Trust Laws written by Paolo Panico and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settlor : reserved powers and private trust companies -- Beneficial interests : protection, forfeiture, and trust termination -- Disclosure of information to the eneficiaries and letters of wishes -- Trustees' dispositive powers and discretionary trusts -- The rule in Hastings-Bass, mistake, and rectification -- Trustee exemption clauses -- Trustee liability to third parties -- Trustees' remuneration, expenses, and indemnity -- Directed trusts and delegated trusts -- Protectors -- Firewall legislation -- Asset protection trusts -- Non-charitable purpose trusts -- Trusts without equity -- Quistclose trusts
Author : Mary Christina Wood
Publisher : Cambridge University Press
ISBN 13 : 0521195136
Total Pages : 461 pages
Book Rating : 4.5/5 (211 download)
Download or read book Nature's Trust written by Mary Christina Wood and published by Cambridge University Press. This book was released on 2014 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book exposes the dysfunction of environmental law and offers a transformative approach based on the public trust doctrine. An ancient and enduring principle, the public trust doctrine empowers citizens to protect their inalienable property rights to crucial resources. This book shows how a trust principle can apply from the local to global level to protect the planet.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
