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Recognizing Wrongs

Author : John C. P. Goldberg
Publisher : Belknap Press
ISBN 13 : 0674241703
Total Pages : 393 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Recognizing Wrongs by : John C. P. Goldberg

Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Belknap Press. This book was released on 2020 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Recognizing Wrongs is about tort law, also commonly known as "personal injury law." The book's central thesis is that tort law fulfills a basic obligation that government owes to each of us: to provide law that defines and proscribes a special class of wrongs - wrongs that involve one person mistreating another - and to provide a means for victims of such wrongs to obtain redress from those who have wronged them. This book aims to recover the traditional understanding of tort law by helping readers to recognize what it is all about. It does so by offering a systematic statement of a theory now known in academic circles as "civil recourse theory." In providing a comprehensive statement of that theory, the book aims to unseat both the leading philosophical theory of tort law - corrective justice theory, as put forward by Jules Coleman, John Gardner, Arthur Ripstein, Ernest Weinrib, and others - as well as the economic approach favored by scholars such as Guido Calabresi and Richard Posner"--

Harvard Law Review: Volume 124, Number 8 - June 2011

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610279727
Total Pages : 613 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 124, Number 8 - June 2011 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 124, Number 8 - June 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-06-28 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Contents of issue number 8 (volume 124, June 2011) are: In Memoriam: William J. Stuntz Pamela S. Karlan Michael J. Klarman Martha Minow Daniel C. Richman Robert E. Scott David Skeel Carol Steiker ARTICLES: The Host’s Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods, Jonathan M. Barnett Separation of Powers as Ordinary Interpretation, John F. Manning NOTES: Interpreting Silence: The Roles of the Courts and the Executive Branch in Head of State Immunity Cases Advisory Opinions and the Influence of the Supreme Court over American Policymaking RECENT CASES: Fourth Amendment — Qualified Immunity Criminal Law — Sentencing Guidelines Civil Procedure — Protective Orders Constitutional Law — First Amendment Criminal Law — Sentencing RECENT LEGISLATION: Administrative Law — Agency Design (Dodd-Frank/CFPB) RECENT PUBLICATIONS

Harvard Law Review

Author :
Publisher :
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Harvard Law Review by :

Download or read book Harvard Law Review written by and published by . This book was released on 1888 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judging Statutes

Author : Robert A. Katzmann
Publisher : Oxford University Press
ISBN 13 : 0199362149
Total Pages : 256 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Judging Statutes by : Robert A. Katzmann

Download or read book Judging Statutes written by Robert A. Katzmann and published by Oxford University Press. This book was released on 2014-08-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

The Right of Publicity

Author : Jennifer E. Rothman
Publisher : Harvard University Press
ISBN 13 : 0674986350
Total Pages : 236 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Right of Publicity by : Jennifer E. Rothman

Download or read book The Right of Publicity written by Jennifer E. Rothman and published by Harvard University Press. This book was released on 2018-05-01 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

Harvard Law Review: Volume 124, Number 7 - May 2011

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610279875
Total Pages : 457 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 124, Number 7 - May 2011 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 124, Number 7 - May 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-06-07 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ebook issue of the Harvard Law Review is May 2011. Contents of Volume 124, Number 7 include: Article, "Article III and the Scottish Judiciary," by James E. Pfander and Daniel D. Birk Book Review, "Constitutional Alarmism," by Trevor W. Morrison Note, "A Justification for Allowing Fragmentation in Copyright" Note, "Taxing Partnership Profits Interests: The Carried Interest Problem" Recent Case, "Corporate Law — Principal’s Liability for Agent’s Conduct" Recent Case, "Administrative Law — Retroactive Rules" Recent Case, "Federal Preemption of State Law — Implied Preemption" Recent Case, "Labor Law — LMRA" Recent Legislation, "Corporate Law — Securities Regulation" Recent Publications

The President and Immigration Law

Author : Adam B. Cox
Publisher : Oxford University Press
ISBN 13 : 0190694386
Total Pages : 361 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The President and Immigration Law by : Adam B. Cox

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Is International Law International? by : Anthea Roberts

Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Intimate Lies and the Law

Author : Jill Elaine Hasday
Publisher : Oxford University Press
ISBN 13 : 0190905964
Total Pages : 320 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Intimate Lies and the Law by : Jill Elaine Hasday

Download or read book Intimate Lies and the Law written by Jill Elaine Hasday and published by Oxford University Press. This book was released on 2019-06-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jill Elaine Hasday's Intimate Lies and the Law won the Scribes Book Award from the American Society of Legal Writers "for the best work of legal scholarship published during the previous year" and the Foreword INDIES Book of the Year Award for Family and Relationships. Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate's bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in dating, sex, marriage, and family life. Intimates can lie or otherwise intentionally mislead each other about anything and everything. Suppose you discover that an intimate has deceived you and inflicted severe-even life-altering-financial, physical, or emotional harm. After the initial shock and sadness, you might wonder whether the law will help you secure redress. But the legal system refuses to help most people deceived within an intimate relationship. Courts and legislatures have shielded this persistent and pervasive source of injury, routinely denying deceived intimates access to the remedies that are available for deceit in other contexts. Intimate Lies and the Law is the first book that systematically examines deception in intimate relationships and uncovers the hidden body of law governing this duplicity. Hasday argues that the law has placed too much emphasis on protecting intimate deceivers and too little importance on helping the people they deceive. The law can and should do more to recognize, prevent, and redress the injuries that intimate deception can inflict.

The Slave Trade and the Origins of International Human Rights Law

Author : Jenny S. Martinez
Publisher : OUP USA
ISBN 13 : 0195391624
Total Pages : 264 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Slave Trade and the Origins of International Human Rights Law by : Jenny S. Martinez

Download or read book The Slave Trade and the Origins of International Human Rights Law written by Jenny S. Martinez and published by OUP USA. This book was released on 2012-01-04 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a broad consensus among scholars that the idea of human rights was a product of the Enlightenment but that a self-conscious and broad-based human rights movement focused on international law only began after World War II. In this book, the nineteenth century's absence is conspicuous - few have considered that era seriously, much less written books on it. But as this author shows, the foundation of the movement that we know today was a product of one of the nineteenth century's central moral causes: the movement to ban the international slave trade.

Harvard Law Review: Volume 125, Number 1 - November 2011

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610279654
Total Pages : 775 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 125, Number 1 - November 2011 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 125, Number 1 - November 2011 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2011-11-22 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. The Review generally publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Most student writing takes the form of Notes, Recent Cases, Recent Legislation, and Book Notes. This current issue of the Review is November 2011, the first issue of academic year 2011-2012 (Volume 125). The November issue is the special annual review of the Supreme Court's previous term. Each year, the issue is introduced by noteworthy and extensive articles from recognized scholars. In this issue, the Foreword is authored by Dan Kahan, and examines the idea of "neutral" judicial review and the Supreme Court's methodology of constitutional decisionmaking and establishment of precedent, as well as the problem of motivated cognition, particularly in light of notable cases from the 2010 Term. An article by Judith Resnik offers an extensive Comment on three recent notable cases: Wal-Mart v. Dukes, AT&T v. Concepcion, and Turner v. Rogers. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, on a wide range of legal, political and constitutional subjects. This issue surveys, in a series of case notes, the 2010 Term. Finally, the issue includes statistical summaries and tables of the 2010 Term, and recent book notes.

Harvard Law Review: Volume 130, Number 4 - February 2017

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610277856
Total Pages : 230 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 130, Number 4 - February 2017 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 130, Number 4 - February 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-02-08 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Harvard Law Review: Volume 125, Number 6 - April 2012

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610279441
Total Pages : 522 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 125, Number 6 - April 2012 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 125, Number 6 - April 2012 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2012-04-20 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition, featuring active Table of Contents, linked footnotes and cross-references, linked URLs in notes, legible tables, and proper ebook formatting. This current issue of the Review is April 2012, the sixth issue of academic year 2011-2012 (Volume 125). Featured articles and essays in this issue are from such recognized scholars as Cary Franklin (in an article on inventing the "traditional concept" of sex discrimination), Richard Pildes (on law and the President, in an essay reviewing a book by Eric Posner and Adrian Vermeule), and Robert Weisberg (on the tragedy of crime and criminal law, reviewing a book by the late William Stuntz). Student contributions explore the law relating to everlasting software; incarcerating immigration detainees; the First and Fourteenth Amendments; Sixth Amendment implications of napping defense counsel; copyright under the 'first sale' doctrine; war powers in Libya; and eyewitness identification evidence.

Tocqueville's Nightmare

Author : Daniel R. Ernst
Publisher : Oxford University Press, USA
ISBN 13 : 0199920869
Total Pages : 241 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst

Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by Oxford University Press, USA. This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.

Harvard Law Review: Volume 130, Number 1 - November 2016

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610277864
Total Pages : 529 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 130, Number 1 - November 2016 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 130, Number 1 - November 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-11-10 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Habeas Corpus

Author : Paul D. Halliday
Publisher : Harvard University Press
ISBN 13 : 0674064208
Total Pages : 513 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Habeas Corpus by : Paul D. Halliday

Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2012-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

Harvard Law Review: Volume 125, Number 3 - January 2012

Author : Harvard Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610279697
Total Pages : 390 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 125, Number 3 - January 2012 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 125, Number 3 - January 2012 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2012-01-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. This issue is Jan. 2012, Volume 125, Number 3. Featured articles in this issue are from such recognized scholars as Rebecca Tushnet, reimagining copyright law for images instead of the usual frame of text and words, and Carol Steiker, reviewing David Garland's new book on capital punishment under the idea of contingency. Student contributions explore the law relating to conversion-modified video games, the Second Amendment and gun rights, patent law, environmental law, and extending the debt ceiling. Finally, the issue includes several Book Notes.