The Canon of American Legal Thought

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Author :
Publisher : Princeton University Press
ISBN 13 : 0691186421
Total Pages : 936 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis The Canon of American Legal Thought by : David Kennedy

Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays

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Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays by : Wesley Newcomb Hohfeld

Download or read book Fundamental Legal Conceptions as Applied in Judicial Reasoning, and Other Legal Essays written by Wesley Newcomb Hohfeld and published by . This book was released on 1920 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Against the Profit Motive

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Publisher : Yale University Press
ISBN 13 : 0300187300
Total Pages : 582 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Against the Profit Motive by : Nicholas R. Parrillo

Download or read book Against the Profit Motive written by Nicholas R. Parrillo and published by Yale University Press. This book was released on 2013-10-22 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: In America today, a public official's lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a cut of each evasion uncovered. Naval officers took a reward for each ship sunk. The list goes on. This book is the first to document American government's "for-profit" past, to discover how profit-seeking defined officials' relationship to the citizenry, and to explain how lawmakers-by banishing the profit motive in favor of the salary-transformed that relationship forever.

The Ages of American Law

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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 Indigo Book

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Publisher : Lulu.com
ISBN 13 : 1892628023
Total Pages : 203 pages
Book Rating : 4.8/5 (926 download)

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Book Synopsis The Indigo Book by : Christopher Jon Sprigman

Download or read book The Indigo Book written by Christopher Jon Sprigman and published by Lulu.com. This book was released on 2017-07-11 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: This public domain book is an open and compatible implementation of the Uniform System of Citation.

The Public Domain

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781979963077
Total Pages : 292 pages
Book Rating : 4.9/5 (63 download)

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Book Synopsis The Public Domain by : James Boyle

Download or read book The Public Domain written by James Boyle and published by Createspace Independent Publishing Platform. This book was released on 2017-11-25 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this insightful book you will discover the range wars of the new information age, which is today's battles dealing with intellectual property. Intellectual property rights marks the ground rules for information in today's society, including today's policies that are unbalanced and unspupported by any evidence. The public domain is vital to innovation as well as culture in the realm of material that is protected by property rights.

The Yale Law Journal

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Publisher :
ISBN 13 :
Total Pages : 666 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis The Yale Law Journal by :

Download or read book The Yale Law Journal written by and published by . This book was released on 1908 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Digital Copyright

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Publisher : Prometheus Books
ISBN 13 : 161592051X
Total Pages : 216 pages
Book Rating : 4.6/5 (159 download)

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Book Synopsis Digital Copyright by : Jessica Litman

Download or read book Digital Copyright written by Jessica Litman and published by Prometheus Books. This book was released on with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.

Plea Bargaining’s Triumph

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Publisher : Stanford University Press
ISBN 13 : 9780804751353
Total Pages : 424 pages
Book Rating : 4.7/5 (513 download)

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Book Synopsis Plea Bargaining’s Triumph by : George Fisher

Download or read book Plea Bargaining’s Triumph written by George Fisher and published by Stanford University Press. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.

Congress's Constitution

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Publisher : Yale University Press
ISBN 13 : 0300227647
Total Pages : 449 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Congress's Constitution by : Josh Chafetz

Download or read book Congress's Constitution written by Josh Chafetz and published by Yale University Press. This book was released on 2017-06-27 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading scholar of Congress and the Constitution analyzes Congress’s surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-à-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

Prominent Families of New York

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Publisher :
ISBN 13 :
Total Pages : 64 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Prominent Families of New York by : Lyman Horace Weeks

Download or read book Prominent Families of New York written by Lyman Horace Weeks and published by . This book was released on 1898 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Scholarship Reconsidered

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Publisher : John Wiley & Sons
ISBN 13 : 1119005868
Total Pages : 224 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis Scholarship Reconsidered by : Ernest L. Boyer

Download or read book Scholarship Reconsidered written by Ernest L. Boyer and published by John Wiley & Sons. This book was released on 2015-10-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shifting faculty roles in a changing landscape Ernest L. Boyer's landmark book Scholarship Reconsidered: Priorities of the Professoriate challenged the publish-or-perish status quo that dominated the academic landscape for generations. His powerful and enduring argument for a new approach to faculty roles and rewards continues to play a significant part of the national conversation on scholarship in the academy. Though steeped in tradition, the role of faculty in the academic world has shifted significantly in recent decades. The rise of the non-tenure-track class of professors is well documented. If the historic rule of promotion and tenure is waning, what role can scholarship play in a fragmented, unbundled academy? Boyer offers a still much-needed approach. He calls for a broadened view of scholarship, audaciously refocusing its gaze from the tenure file and to a wider community. This expanded edition offers, in addition to the original text, a critical introduction that explores the impact of Boyer's views, a call to action for applying Boyer's message to the changing nature of faculty work, and a discussion guide to help readers start a new conversation about how Scholarship Reconsidered applies today.

Supreme Court Decision-Making

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Publisher : University of Chicago Press
ISBN 13 : 9780226109541
Total Pages : 368 pages
Book Rating : 4.1/5 (95 download)

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Book Synopsis Supreme Court Decision-Making by : Cornell W. Clayton

Download or read book Supreme Court Decision-Making written by Cornell W. Clayton and published by University of Chicago Press. This book was released on 1999 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics. Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.

The Lost World of Classical Legal Thought

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Publisher : Oxford University Press, USA
ISBN 13 : 9780195147131
Total Pages : 300 pages
Book Rating : 4.1/5 (471 download)

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Book Synopsis The Lost World of Classical Legal Thought by : William M. Wiecek

Download or read book The Lost World of Classical Legal Thought written by William M. Wiecek and published by Oxford University Press, USA. This book was released on 2001 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

Law and the Modern Mind

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Author :
Publisher : Taylor & Francis
ISBN 13 : 135150956X
Total Pages : 449 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Law and the Modern Mind by : Jerome Frank

Download or read book Law and the Modern Mind written by Jerome Frank and published by Taylor & Francis. This book was released on 2017-07-12 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

From Apology to Utopia

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Publisher : Cambridge University Press
ISBN 13 : 1139447645
Total Pages : 705 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis From Apology to Utopia by : Martti Koskenniemi

Download or read book From Apology to Utopia written by Martti Koskenniemi and published by Cambridge University Press. This book was released on 2006-02-02 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable façade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.

The Right to Privacy

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 3732645487
Total Pages : 42 pages
Book Rating : 4.7/5 (326 download)

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Book Synopsis The Right to Privacy by : Samuel D. Brandeis, Louis D. Warren

Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis