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Author : Roscoe Pound
Publisher :
ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.A/5 ( download)
Download or read book The Place of Judge Story in the Making of American Law written by Roscoe Pound and published by . This book was released on 1914 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Judge Jeffrey S. Sutton
Publisher : Oxford University Press
ISBN 13 : 0190866063
Total Pages : 288 pages
Book Rating : 4.1/5 (98 download)
Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Author : Peter Karsten
Publisher : Univ of North Carolina Press
ISBN 13 : 0807862355
Total Pages : 690 pages
Book Rating : 4.8/5 (78 download)
Download or read book Heart versus Head written by Peter Karsten and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He then contrasts this tendency with a number of judicial innovations--among them the sanctioning of 'deep pocket' jury awards and the creation of the attractive-nuisance rule--designed to protect society's weaker members. In tracing the emergence of a pro-plaintiff, humanitarian jurisprudence of the heart, Karsten necessarily addresses the shortcomings of the reigning, economic-oriented paradigm regarding judicial rulemaking in nineteenth-century America. Originally published in 1997. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author : Dahlia Lithwick
Publisher : Penguin
ISBN 13 : 0525561404
Total Pages : 369 pages
Book Rating : 4.5/5 (255 download)
Download or read book Lady Justice written by Dahlia Lithwick and published by Penguin. This book was released on 2023-09-19 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the LA Times Book Prize in Current Interest An instant New York Times Bestseller! “Stirring…Lithwick’s approach, interweaving interviews with legal commentary, allows her subjects to shine...Inspiring.”—New York Times Book Review “In Dahlia Lithwick’s urgent, engaging Lady Justice, Dobbs serves as a devastating bookend to a story that begins in hope.”—Boston Globe Dahlia Lithwick, one of the nation’s foremost legal commentators, tells the gripping and heroic story of the women lawyers who fought the racism, sexism, and xenophobia of Donald Trump’s presidency—and won After the sudden shock of Donald Trump’s victory over Hillary Clinton in 2016, many Americans felt lost and uncertain. It was clear he and his administration were going to pursue a series of retrograde, devastating policies. What could be done? Immediately, women lawyers all around the country, independently of each other, sprang into action, and they had a common goal: they weren’t going to stand by in the face of injustice, while Trump, Mitch McConnell, and the Republican party did everything in their power to remake the judiciary in their own conservative image. Over the next four years, the women worked tirelessly to hold the line against the most chaotic and malign presidency in living memory. There was Sally Yates, the acting attorney general of the United States, who refused to sign off on the Muslim travel ban. And Becca Heller, the founder of a refugee assistance program who brought the fight over the travel ban to the airports. And Roberta Kaplan, the famed commercial litigator, who sued the neo-Nazis in Charlottesville. And, of course, Stacey Abrams, whose efforts to protect the voting rights of millions of Georgians may well have been what won the Senate for the Democrats in 2020. These are just a handful of the stories Lithwick dramatizes in thrilling detail to tell a brand-new and deeply inspiring account of the Trump years. With unparalleled access to her subjects, she has written a luminous book, not about the villains of the Trump years, but about the heroes. And as the country confronts the news that the Supreme Court, which includes three Trump-appointed justices, will soon overturn Roe v. Wade, Lithwick shines a light on not only the major consequences of such a decision, but issues a clarion call to all who might, like the women in this book, feel the urgency to join the fight. A celebration of the tireless efforts, legal ingenuity, and indefatigable spirit of the women whose work all too often went unrecognized at the time, Lady Justice is destined to be treasured and passed from hand to hand for generations to come, not just among lawyers and law students, but among all optimistic and hopeful Americans.
Author : R. Kent Newmyer
Publisher : Univ of North Carolina Press
ISBN 13 : 0807864021
Total Pages : 509 pages
Book Rating : 4.8/5 (78 download)
Download or read book Supreme Court Justice Joseph Story written by R. Kent Newmyer and published by Univ of North Carolina Press. This book was released on 2004-01-21 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary founder and guiding spirit of the Harvard Law School and the most prolific publicist of the nineteenth century, Story served as a member of the U.S. Supreme Court from 1811 to 1845. His attitudes and goals as lawyer, politician, judge, and legal educator were founded on the republican values generated by the American Revolution. Story's greatest objective was to fashion a national jurisprudence that would carry the American people into the modern age without losing those values.
Author : Russell Canan
Publisher : The New Press
ISBN 13 : 1620973871
Total Pages : 109 pages
Book Rating : 4.6/5 (29 download)
Download or read book Tough Cases written by Russell Canan and published by The New Press. This book was released on 2018-09-25 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.” —Justin Driver, The Washington Post A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.
Author :
Publisher :
ISBN 13 :
Total Pages : 1000 pages
Book Rating : 4.:/5 (321 download)
Download or read book The American Law Review written by and published by . This book was released on 1914 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard A. Posner
Publisher : Harvard University Press
ISBN 13 : 0674033833
Total Pages : 399 pages
Book Rating : 4.6/5 (74 download)
Download or read book How Judges Think written by Richard A. Posner and published by Harvard University Press. This book was released on 2010-05-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Author :
Publisher :
ISBN 13 :
Total Pages : 1550 pages
Book Rating : 4.E/5 ( download)
Download or read book The Cambridge history of American literature written by and published by . This book was released on 1917 with total page 1550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Peterfield Trent
Publisher :
ISBN 13 :
Total Pages : 1654 pages
Book Rating : 4.X/5 ( download)
Download or read book The Cambridge History of American Literature written by William Peterfield Trent and published by . This book was released on 1917 with total page 1654 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 682 pages
Book Rating : 4.:/5 (319 download)
Download or read book A History of American Literature: Early national literature: pt. 2. Later national literature: pt. 1 written by and published by . This book was released on 1919 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Peterfield Trent
Publisher :
ISBN 13 :
Total Pages : 684 pages
Book Rating : 4.A/5 ( download)
Download or read book The Cambridge History of American Literature: Early national literature: pt. II. Later national literature: pt. I written by William Peterfield Trent and published by . This book was released on 1918 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cambridge Historical Society (Mass.)
Publisher :
ISBN 13 :
Total Pages : 522 pages
Book Rating : 4.E/5 ( download)
Download or read book Publications written by Cambridge Historical Society (Mass.) and published by . This book was released on 1911 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles F. Hobson
Publisher : University Press of Kansas
ISBN 13 : 0700610316
Total Pages : 272 pages
Book Rating : 4.7/5 (6 download)
Download or read book The Great Chief Justice written by Charles F. Hobson and published by University Press of Kansas. This book was released on 1996-09-06 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review. The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad. No chief justice and only one associate justice (William Douglas) served longer on the Supreme Court. But, as Hobson clearly shows, Marshall's deserved place in the pantheon of great American jurists rests far more upon principles than longevity. This book better than any other tells us why that's true and worthy of our attention.
Author :
Publisher :
ISBN 13 :
Total Pages : 1204 pages
Book Rating : 4.3/5 (91 download)
Download or read book Harvard Law Review written by and published by . This book was released on 1920 with total page 1204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John R. Shook
Publisher : Bloomsbury Publishing USA
ISBN 13 : 1441171401
Total Pages : 1288 pages
Book Rating : 4.4/5 (411 download)
Download or read book Dictionary of Early American Philosophers written by John R. Shook and published by Bloomsbury Publishing USA. This book was released on 2012-04-05 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Dictionary of Early American Philosophers, which contains over 400 entries by nearly 300 authors, provides an account of philosophical thought in the United States and Canada between 1600 and 1860. The label of "philosopher" has been broadly applied in this Dictionary to intellectuals who have made philosophical contributions regardless of academic career or professional title. Most figures were not academic philosophers, as few such positions existed then, but they did work on philosophical issues and explored philosophical questions involved in such fields as pedagogy, rhetoric, the arts, history, politics, economics, sociology, psychology, medicine, anthropology, religion, metaphysics, and the natural sciences. Each entry begins with biographical and career information, and continues with a discussion of the subject's writings, teaching, and thought. A cross-referencing system refers the reader to other entries. The concluding bibliography lists significant publications by the subject, posthumous editions and collected works, and further reading about the subject.
Author : James Bradley Thayer
Publisher : DigiCat
ISBN 13 :
Total Pages : 81 pages
Book Rating : 4.8/5 (596 download)
Download or read book John Marshall written by James Bradley Thayer and published by DigiCat. This book was released on 2022-09-15 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Marshall by James Bradley Thayer is the biography of an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until he died in 1835. Marshall remains the longest-serving chief justice and fourth-longest serving justice in U.S. Supreme Court history, and he is widely regarded as one of the most influential justices to ever sit on the Supreme Court.
