The Ages of American Law

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Author :
Publisher : Yale University Press
ISBN 13 : 030021104X
Total Pages : 248 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis The Ages of American Law by : Grant Gilmore

Download or read book The Ages of American Law written by Grant Gilmore and published by Yale University Press. This book was released on 2015-01-13 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst

The Fall and Rise of Freedom of Contract

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Publisher : Duke University Press
ISBN 13 : 0822380129
Total Pages : 479 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis The Fall and Rise of Freedom of Contract by : F. H. Buckley

Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bare the intellectual failure of anticontractarian theories. Scholars in this school note that consumers are not as helpless as they have been made out to be, and that intrusive legal rules meant ostensibly to help them often leave them worse off. Contract law principles have also been very robust in areas far afield from traditional contract law, and the essays in this volume consider how free bargaining rights might reasonably be extended in tort, property, land-use planning, bankruptcy, and divorce and family law. This book will be of particular interest to legal scholars and specialists in contract law. Economics and public policy planners will also be challenged by its novel arguments. Contributors. Gregory S. Alexander, Margaret F. Brinig, F. H. Buckley, Robert Cooter, Steven J. Eagle, Robert C. Ellickson, Richard A. Epstein, William A. Fischel, Michael Klausner, Bruce H. Kobayashi, Geoffrey P. Miller, Timothy J. Muris, Robert H. Nelson, Eric A. Posner, Robert K. Rasmussen, Larry E. Ribstein, Roberta Romano, Paul H. Rubin, Alan Schwartz, Elizabeth S. Scott, Robert E. Scott, Michael J. Trebilcock

The Ages of American Law

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Author :
Publisher : Yale University Press
ISBN 13 : 0300189915
Total Pages : 248 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Ages of American Law by : Grant Gilmore

Download or read book The Ages of American Law written by Grant Gilmore and published by Yale University Press. This book was released on 2014-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."--New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends--given body by broad learning and a keen imagination and spiced with wit."--Willard Hurst

The Democratic Constitution

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Publisher : University of Chicago Press
ISBN 13 : 022647464X
Total Pages : 258 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis The Democratic Constitution by : Brian E. Butler

Download or read book The Democratic Constitution written by Brian E. Butler and published by University of Chicago Press. This book was released on 2017-08-21 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court is seen today as the ultimate arbiter of the Constitution. Once the Court has spoken, it is the duty of the citizens and their elected officials to abide by its decisions. But the conception of the Supreme Court as the final interpreter of constitutional law took hold only relatively recently. Drawing on the pragmatic ideals characterized by Charles Sanders Peirce, John Dewey, Charles Sabel, and Richard Posner. Brian E. Butler shows how this conception is inherently problematic for a healthy democracy. Butler offers an alternative democratic conception of constitutional law, “democratic experimentalism,” and applies it in a thorough reconstruction of Supreme Court cases across the centuries, such as Brown v. Board of Education, Citizens United v. Federal Election Commission, Lucas v. South Carolina Coastal Council, and Lochner v. New York. In contrast to the traditional tools and conceptions of legal analysis that see the law as a formally unique and separate type of practice, democratic experimentalism combines democratic aims and experimental practice. Butler also suggests other directions jurisprudential roles could take: for example, adjudication could be performed by primary stakeholders with better information. Ultimately, Butler argues persuasively for a move away from the current absolute centrality of courts toward a system of justice that emphasizes local rule and democratic choice.

Oliver Wendell Holmes Jr. and Legal Logic

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Publisher : University of Chicago Press
ISBN 13 : 022652406X
Total Pages : 238 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Oliver Wendell Holmes Jr. and Legal Logic by : Frederic R. Kellogg

Download or read book Oliver Wendell Holmes Jr. and Legal Logic written by Frederic R. Kellogg and published by University of Chicago Press. This book was released on 2018-03-16 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: With Oliver Wendell Holmes, Jr. and Legal Logic, Frederic R. Kellogg examines the early diaries, reading, and writings of Justice Oliver Wendell Holmes, Jr. (1841–1935) to assess his contribution to both legal logic and general logical theory. Through discussions with his mentor Chauncey Wright and others, Holmes derived his theory from Francis Bacon’s empiricism, influenced by recent English debates over logic and scientific method, and Holmes’s critical response to John Stuart Mill’s 1843 A System of Logic. Conventional legal logic tends to focus on the role of judges in deciding cases. Holmes recognized input from outside the law—the importance of the social dimension of legal and logical induction: how opposing views of “many minds” may converge. Drawing on analogies from the natural sciences, Holmes came to understand law as an extended process of inquiry into recurring problems. Rather than vagueness or contradiction in the meaning or application of rules, Holmes focused on the relation of novel or unanticipated facts to an underlying and emergent social problem. Where the meaning and extension of legal terms are disputed by opposing views and practices, it is not strictly a legal uncertainty, and it is a mistake to expect that judges alone can immediately resolve the larger issue.

English Common Law in the Age of Mansfield

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807864005
Total Pages : 445 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis English Common Law in the Age of Mansfield by : James Oldham

Download or read book English Common Law in the Age of Mansfield written by James Oldham and published by Univ of North Carolina Press. This book was released on 2005-12-15 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

Legal Education in the Digital Age

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Publisher : Cambridge University Press
ISBN 13 : 1107378729
Total Pages : 271 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Legal Education in the Digital Age by : Edward Rubin

Download or read book Legal Education in the Digital Age written by Edward Rubin and published by Cambridge University Press. This book was released on 2012-04-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the coming decades, the digital revolution that has transformed so much of our world will transform legal education as well. The digital production and distribution of course materials will powerfully affect both the content and the way materials are used in the classroom and library. This collection of essays by leading legal scholars in various fields explores three aspects of this coming transformation. The first set of essays discusses the way digital materials will be created and how they will change concepts of authorship as well as methods of production and distribution. The second set explores the impact of digital materials on law school classrooms and law libraries and the third set considers the potential transformation of the curriculum that the materials are likely to produce. Taken together, these essays provide a guide to momentous changes that every legal teacher and scholar needs to understand.

American Law in the Twentieth Century

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Publisher : Yale University Press
ISBN 13 : 0300102992
Total Pages : 1468 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis American Law in the Twentieth Century by : Lawrence Meir Friedman

Download or read book American Law in the Twentieth Century written by Lawrence Meir Friedman and published by Yale University Press. This book was released on 2004-01-01 with total page 1468 pages. Available in PDF, EPUB and Kindle. Book excerpt: American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.

Law School

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Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771992
Total Pages : 352 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Law School by : Robert Bocking Stevens

Download or read book Law School written by Robert Bocking Stevens and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive history of American legal education. Originally published: Chapel Hill: The University of North Carolina Press, [1983]. xvi, 334 pp. Law School: Legal Education in America from the 1850s to the 1980s examines legal education and its impact on the legal profession and the society it serves. This highly lauded work won a Certificate of Merit from the American Bar Association upon its original publication. Stevens' distinguished career in education and law includes his eight years as Master of Pembroke College, Oxford, seventeen-year term as professor of law at Yale University and nine-year term as president of Haverford College. Well-annotated and indexed, with a thorough bibliography. "the most comprehensive treatment of the subject." --LAWRENCE M. FRIEDMAN A History of American Law, Third Edition (2005) 589

Democracy and Conflict

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Publisher : Lexington Books
ISBN 13 : 1793654298
Total Pages : 185 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis Democracy and Conflict by : Frederic R. Kellogg

Download or read book Democracy and Conflict written by Frederic R. Kellogg and published by Lexington Books. This book was released on 2023-12-15 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economist Kenneth Arrow proved in 1951 that a society of diverse individual preferences could only by ordered by dictatorship. His impossibility theorem is still an axiom of contemporary welfare economics and has never been seriously challenged. The American philosopher John Dewey, who died in 1952, had claimed that voting and electoral mechanisms do not define democratic self-government. His broad conception of social conflict addresses preference diversity and resolves Arrow’s impossibility. Since the 1980s, political scientists have focused on decision through democratic “deliberation.” Dewey saw that conversation alone is inadequate for resolution of conflicts in a democracy. Conflict is accompanied by discourse, but preferences are grounded in habits. Social habits resist adjustment in response to discourse alone, but demonstrably adjust in the process of conflict resolution, Preference conflict is distinguished from Marxist and later models, as a discovery and transformation process. It advances an original, updated theory of social conflict in a democracy relevant to today's problematic situations from discrimination to climate change and political polarization.

A Contracts Anthology

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Author :
Publisher : Anderson Publishing Company (OH)
ISBN 13 :
Total Pages : 700 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis A Contracts Anthology by : Peter Linzer

Download or read book A Contracts Anthology written by Peter Linzer and published by Anderson Publishing Company (OH). This book was released on 1995 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Law in a Global Context

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Publisher : Oxford University Press
ISBN 13 : 0199729298
Total Pages : 695 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis American Law in a Global Context by : George P. Fletcher

Download or read book American Law in a Global Context written by George P. Fletcher and published by Oxford University Press. This book was released on 2005-02-03 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system.

Comparative Contract Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785369172
Total Pages : 569 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Contract Law by : Pier Giuseppe Monateri

Download or read book Comparative Contract Law written by Pier Giuseppe Monateri and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

Scholars of Contract Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509938478
Total Pages : 437 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Scholars of Contract Law by : James Goudkamp

Download or read book Scholars of Contract Law written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2022-12-01 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674–1726) to Professor Brian Coote (1929–2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally.

Principles of Contract Law and Theory

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Publisher : Edward Elgar Publishing
ISBN 13 : 180392960X
Total Pages : 433 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Principles of Contract Law and Theory by : Larry D. DiMatteo

Download or read book Principles of Contract Law and Theory written by Larry D. DiMatteo and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.

The Law as a System of Signs

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Publisher : Springer Science & Business Media
ISBN 13 : 1461309115
Total Pages : 325 pages
Book Rating : 4.4/5 (613 download)

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Book Synopsis The Law as a System of Signs by : Roberta Kevelson

Download or read book The Law as a System of Signs written by Roberta Kevelson and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach to understanding the interrelations of law, economics, and politics against referent systems of value-would be a risky venture. But since such general agreement on Peirce's work is lacking, one's sense of adventure in ideas requires further qualification. Indeed, the proverbial nerve for failure must in any case be attendant. If one succeeds, one has introduced for further inquiry the strong possibility that should our social systems of law, economics, and politics---our means of interpersonal transaction as a whole-be understood against the theoretical back ground of a dynamic, "motion-picture" universe that is continually becoming, that is infinitely developing and changing in response to genuinely novel elements that emerge as existents, then the basic concepts of rights, resources, and reality take on new dimensions of meaning in correspondence with n-dimensional, infinite value judgments or truth-like beliefs which one holds. If such a view, as Peirce maintained, were possible and tenable not only for philosophy but as the basis for action and interaction in the world of human experience and practical affairs, one would readily say that risk taking is a small price for the realization of such possibility.

Contracts

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Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 1640 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contracts by : Friedrich Kessler

Download or read book Contracts written by Friedrich Kessler and published by Aspen Publishers. This book was released on 1986 with total page 1640 pages. Available in PDF, EPUB and Kindle. Book excerpt: