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Easy Cases Making Bad Law
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Book Synopsis The Judiciary, Discrimination Law and Statutory Interpretation by : MICHAEL. CONNOLLY
Download or read book The Judiciary, Discrimination Law and Statutory Interpretation written by MICHAEL. CONNOLLY and published by Routledge. This book was released on 2020-06-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .
Book Synopsis Do Great Cases Make Bad Law? by : Lackland H. Bloom, Jr.
Download or read book Do Great Cases Make Bad Law? written by Lackland H. Bloom, Jr. and published by Oxford University Press. This book was released on 2014-03-11 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Great cases like hard cases make bad law" declared Justice Oliver Wendell Holmes, Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. His maxim argues that those cases which ascend to the Supreme Court of the United States by virtue of their national importance, interest, or other extreme circumstance, make for poor bases upon which to construct a general law. Frequently, such cases catch the public's attention because they raise important legal issues, and they become landmark decisions from a doctrinal standpoint. Yet from a practical perspective, great cases could create laws poorly suited for far less publicly tantalizing but far more common situations. In Do Great Cases Make Bad Law?, Lackland H. Bloom, Jr. tests Justice Holmes' dictum by analyzing in detail the history of the Supreme Court's great cases, from Marbury v. Madison in 1803, to National Federation of Independent Business v. Sebelius, the Patient Protection and Affordable Care Act case, in 2012. He treats each case with its own chapter, and explains why the Court found a case compelling, how the background and historical context affected the decision and its place in constitutional law and history, how academic scholarship has treated the case, and how the case integrates with and reflects off of Justice Holmes' famous statement. In doing so, Professor Bloom draws on the whole of the Supreme Court's decisional history to form an intricate scholarly understanding of the holistic significance of the Court's reasoning in American constitutional law.
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)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
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.
Book Synopsis The Judiciary, Discrimination Law and Statutory Interpretation by : Michael Connolly
Download or read book The Judiciary, Discrimination Law and Statutory Interpretation written by Michael Connolly and published by Routledge. This book was released on 2018-08-30 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1856, the US Supreme Court denied Dred Scott, now free of slavery, his Constitutional rights, solely because he was black. According to the Court, when the Constitution was drafted, some 60 years earlier, its authors would not have intended that ‘a subordinate and inferior class of beings’ qualified as citizens of the United States. Thus, the meaning of language drafted over half a century before was frozen in time. This case, perhaps more than any other, demonstrates that the matter of statutory interpretation is critical, technical, and, sometimes, highly emotive. The case is not a mere nugget from history to indulge our disgust with values of another age, and with it a satisfaction of our progress to today’s higher moral ground. It is the unfortunate case that the senior courts of England continue to produce highly contentious interpretations of our equality and discrimination laws. This book examines these cases from the perspective of statutory interpretation, the judge’s primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved – using conventional methods of interpretation; this would have produced simpler, technically sound judgments. Rather like the case of Dred Scott, these were easy cases producing bad law.
Book Synopsis Reason and History in Judicial Judgment by : Richard G. Stevens
Download or read book Reason and History in Judicial Judgment written by Richard G. Stevens and published by Transaction Publishers. This book was released on 2011-12-31 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stevens sees three crises in American judicial statesmanship. The first was the crisis of the founding. The well being of the country was subjected to grave danger, culminating in the crisis of the Civil War, and a refoundation was required. During the mid twentieth century The United States faced the possibility of destruction, World War II, and the finding of malfeasance of the nation in the office of the president. The constant excitement of contest with antagonists makes it difficult to say whether the current crisis of the Supreme Court is merely a continuation or a whole new problem. The political leaders who resolved the first crisis and founded the Republic bequeathed as a part of that foundation the United States Supreme Court. During the subsequent history of the country, and with respect to its crises, the Court played a large part. Whether or not it does so well in the current period depends upon the quality of its judicial statesmanship. The judge is a person who acts. But it is considered action and considered action is based on prior understanding. The character of the Court's understanding, or direction, reveales itself in the course of its division over the application of the "due process" clause to state criminal proceedings. Frankfurter's view is problematic. If Western civilization is to be preserved, it must be because it is worth preserving. If it is worth preserving it must be because it is good. If so, can it be preserved by reliance upon and reference to itself, or must reliance not be placed upon that by virtue of which the thing to be preserved is worthy of preservation? This problem is not new to Western civilization. Much has been written about Frankfurter, and common descriptions of the terms "restraint" and "pragmatism" to characterize his doctrines. Previous treatments of these doctrines now available have not seemed adequate. The intention of Reason and History in Judicial Judgment is to treat them as ethical problems rather than as self-explaining conclusions.
Book Synopsis University of Chicago Law Review: Volume 81, Number 3 - Summer 2014 by : University of Chicago Law Review
Download or read book University of Chicago Law Review: Volume 81, Number 3 - Summer 2014 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2014-09-19 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.
Book Synopsis Cato Supreme Court Review 2006-2007 by : Mark K. Moller
Download or read book Cato Supreme Court Review 2006-2007 written by Mark K. Moller and published by Cato Institute. This book was released on 2007 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Once again, the Cato Supreme Court Review will analyze the most notable cases from the most recent term.
Book Synopsis Research Handbook on the Politics of Constitutional Law by : Mark Tushnet
Download or read book Research Handbook on the Politics of Constitutional Law written by Mark Tushnet and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook deals with the politics of constitutional law around the world, using both comparative and political analysis, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.
Book Synopsis Law & Amateur Sports by : Ronald J. Waicukauski
Download or read book Law & Amateur Sports written by Ronald J. Waicukauski and published by Indiana University Press. This book was released on 1982 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text considers such topics as the constitutional problem of due process when an athlete, coach, or team is excluded from competition; the primary issues arising in sports injury litigation; legal approaches to sex discrimination in athletics; the regulation of academic standards in intercollegiate athletics; and others.
Download or read book Loyalty written by George P. Fletcher and published by Oxford University Press. This book was released on 1995-07-13 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when age-old political structures are crumbling, civil strife abounds, and economic uncertainty permeates the air, loyalty offers us security in our relationships with associates, friends, and family. Yet loyalty is a suspect virtue. It is not impartial. It is not blind. It violates the principles of morality that have dominated Western thought for the last two hundred years. Loyalties are also thought to be irrational and contrary to the spirit of Capitalism. In a free market society, we are encouraged to move to the competition when we are not happy. This way of thinking has invaded our personal relationships and undermined our capacities for friendship and loyalty to those who do not serve our immediate interests. As George P. Fletcher writes, it is time for loyal bonds, born of history and experience, to prevail both over impartial morality and the self-interested thinking of the market trader. In this extended essay, George P. Fletcher offers an account of loyalty that illuminates its role in our relationships with family and friends, our ties to country, and the commitment of the religious to God and their community. Fletcher opposes the traditional view of the moral self as detached from context and history. He argues instead that loyalty, not impartial detachment, should be the central feature of our moral and political lives. Writing as a political "liberal," he claims that a commitment to country is necessary to improve the lot of the poor and disadvantaged. This commitment to country may well require greater reliance on patriotic rituals in education and a reconsideration of the Supreme Court's extending the First Amendment to protect flag burning. Given the worldwide currents of parochialism and political decentralization, the task for us, Fletcher argues, is to renew our commitment to a single nation united in its diversity. Bringing to bear his expertise as a law professor, Fletcher reasons that the legal systems should defer to existing relationships of loyalty. Familial, professional, and religious loyalties should be respected as relationships beyond the limits of the law. Thus surrogate mothers should not be forced to surrender and betray their children, spouses should not be required to testify against each other in court, parents should not be prevented from willing their property to their children, and the religiously committed should not be forced to act contrary to conscience. Yet the question remains: Aren't loyalty, and particularly patriotism, dangerously one-sided? Indeed, they are, but no more than are love and friendship. The challenge, Fletcher maintains, is to overcome the distorting effects of impartial morality and to develop a morality of loyalty properly suited to our emotional and spiritual lives. Justice has its sphere, as do loyalties. In this book, Fletcher provides the first step toward a new way of thinking that recognizes the complexity of our moral and political lives.
Download or read book Antitrust Law Journal written by and published by . This book was released on 1986 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028616127 Total Pages :748 pages Book Rating :4.6/5 (161 download)
Book Synopsis Recueil Des Cours, Collected Courses, 1968 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses, 1968 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1969 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Book Synopsis Reports of Cases Argued and Adjudged in the Supreme Court of the United States by : United States. Supreme Court
Download or read book Reports of Cases Argued and Adjudged in the Supreme Court of the United States written by United States. Supreme Court and published by . This book was released on 2000 with total page 1076 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Equality, Discrimination and the Law by : Michael Connolly
Download or read book Equality, Discrimination and the Law written by Michael Connolly and published by Routledge. This book was released on 2022-01-06 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: In identifying a number of ‘fuzzy border’ cases (notably where pensionable age, pregnancy, residence, and marriage, are proxies for unlawful discrimination), Equality, Discrimination and the Law argues that the traditional notions of discrimination and victimisation are inadequate to implement equality policy and cannot represent fully the reality of discriminatory practices. When Mr and Mrs James - each aged 61 - went swimming, Mr James was charged for entry, while Mrs James was admitted free. The reason was that the local authority offered free swimming to those of ‘pensionable age’ (at the time, 65 for men and 60 for women). The House of Lords found that Mr James had suffered direct sex discrimination. This majority plurality decision indicated that sometimes a given set of facts does not neatly accord to traditional definitions of discrimination. This in turn encourages the judiciary to shape the law to fit the facts, which results in an inconsistent body of law full of ‘fuzzy borders’. Starting with the James case, this book investigates a number of ‘fuzzy border’ cases in the EU and UK based on nationality discrimination, notions of indirect discrimination, pregnancy and sex discrimination, marriage and sexual orientation discrimination, perceived discrimination, and victimisation. The argument concludes that fixed notions such as ‘direct and indirect discrimination are mutually exclusive’ do not stand up to scrutiny and that it must be recognised that the traditional concepts of discrimination and victimisation do not reflect the reality of practice. This work is essential reading for students, scholars and practitioners in all EU and English-speaking jurisdictions, particularly post-graduates, Policy/Law-makers, and those on dedicated equality undergraduate courses.
Book Synopsis Conflict of Laws by : Laura E. Little
Download or read book Conflict of Laws written by Laura E. Little and published by Aspen Publishing. This book was released on 2018-02-26 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt: In her casebook Conflict of Laws, now in its second edition, internationally respected teacher and scholar Laura Little offers a progressive, innovative approach to teaching complex material. She brings to the subject her drafting and advocacy expertise as the Associate Reporter for the Restatement (Third) Conflict of Laws, authorized by the American Law Institute in 2014. In a subject where there is plenty of room for debate and analysis, this casebook offers a contemporary alternative to the subject by connecting coverage of key concepts to law practice using modern cases and problem pedagogy. With its modular design, clear writing, comprehensive Teacher’s Manual and online support, the text is highly teachable and has proven a road-tested favorite with both students and professors. Key Features Entirely new domestic relations sections throughout the book in light of the U.S. Supreme Court’s Obergefell decision, including analysis of Supreme Court follow-up cases Detailed references to the proposed Restatement (Third), drawing from the author’s work as an Associate Reporter drafting and developing the new restatement of the law Streamlined personal jurisdiction section, presenting the recent U.S. Supreme Court cases in Bristol Myers Squibb and Daimler Updated international law material, including discussion of the new British Defamation Act (and its impact on libel tourism) and the European Union's elimination of exequatur for judgment recognition
Book Synopsis Interpreting Discrimination Law Creatively by : Alice Taylor
Download or read book Interpreting Discrimination Law Creatively written by Alice Taylor and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights.
Book Synopsis From International to Federal Market by : Robert Schütze
Download or read book From International to Federal Market written by Robert Schütze and published by Oxford University Press. This book was released on 2017-08-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the different market types that shape the European Union's internal market? Schütze proposes three models that assist in explaining the transitions in the structure of the EU internal market. The international model demands that each state limits its external sovereignty, while retaining internal sovereignty over its national market. The federal model declares that within a "common market" states must lose a part of their internal sovereignty, and in accordance with the principle of "home state" control, goods are entitled to be sold freely on a "foreign" market in compliance with home state law. The national model proposes that the trade restrictions above a legislative or judicial Union standard should be removed. Schütze's book analyses the changing structure of European law in relation to the European internal market. The General Part starts out by offering a historical analysis of the relationship between international law and market coordination up to the twentieth century but also provides an in-depth analysis of the constitutional principles which controlled the "integration" of the US "common market". The Special Part then specifically addresses the decline of the international model in relation to the EU internal market and the corresponding rise of a federal market philosophy after Cassis de Dijon. The final chapter explores the exceptional constitutional principles that apply to fiscal matters. This is the second volume in Schütze's trilogy on the "Changing Structure of European Law". Exploring the changing structure of negative integration in the past 60 years, the book complements his previous volume "From Dual to Cooperative Federalism" which analysed the evolving structure of positive integration. A third volume will finally explore the formal constitutional aspects in the evolution of the European Union into a federal union of States.
