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Jerome N Frank
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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.
Download or read book Courts on Trial written by Jerome Frank and published by . This book was released on 1949 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legal Realism of Jerome N. Frank by : Julius Paul
Download or read book The Legal Realism of Jerome N. Frank written by Julius Paul and published by Springer. This book was released on 2012-12-06 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between the Levite at the gate and the judicial systems of our day is a long journey in courthouse government, but its basic structure remains the same - law, judge and process. Of the three, process is the most unstable - procedure and facts. Of the two, facts are the most intractable. While most of the law in books may seem to center about abstract theories, doctrines, princi ples, and rules, the truth is that most of it is designed in some way to escape the painful examination of the facts which bring parties in a particular case to court. Frequently the emphasis is on the rule of law as it is with respect to the negotiable instru ment which forbids inquiry behind its face; sometimes the empha sis is on men as in the case of the wide discretion given a judge or administrator; sometimes on the process, as in pleading to a refined issue, summary judgment, pre-trial conference, or jury trial designed to impose the dirty work of fact finding on laymen. The minds of the men of law never cease to labor at im proving process in the hope that some less painful, more trustworthy and if possible automatic method can be found to lay open or force litigants to disclose what lies inside their quarrel, so that law can be administered with dispatch and de cisiveness in the hope that truth and justice will be served.
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 . This book was released on 1936 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courts on Trial written by Jerome Frank and published by Princeton University Press. This book was released on 1973-09-21 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
Book Synopsis The Passionate Liberal: The Political and Legal Ideas of Jerome Frank by : W.E. Volkomer
Download or read book The Passionate Liberal: The Political and Legal Ideas of Jerome Frank written by W.E. Volkomer and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jerome Frank was one of the most important spokesmen for the generation of liberal intellectuals who came to maturity during the period of Franklin Roosevelt's New Deal. He was never a major figure in public life and thus never became a symbol of the period as did President Roosevelt, Henry Wallace, Harry Hopkins, or others whose positions made their views acces sible to the entire reading and listening public. While these men represented the popular view of the New Deal with its dedication to the elimination of the economic misery which beset the nation during the nineteen thirties, Frank may be the New Deal figure who most accurately summarized the intellectual currents of the period. As is the case with all thinkers, most of the ideas Frank presented in his books, articles, speeches, and in actual practice in governmental service were drawn from the works of other men. He brought together many diverse strains of thought, contributed some of his own ideas, and wove these to gether into a pattern which typifies the intellectual atmosphere that was the New Deal.
Book Synopsis Baseball Meets the Law by : Ed Edmonds
Download or read book Baseball Meets the Law written by Ed Edmonds and published by McFarland. This book was released on 2017-03-04 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Baseball and law have intersected since the primordial days. In 1791, a Pittsfield, Massachusetts, ordinance prohibited ball playing near the town's meeting house. Ball games on Sundays were barred by a Pennsylvania statute in 1794. In 2015, a federal court held that baseball's exemption from antitrust laws applied to franchise relocations. Another court overturned the conviction of Barry Bonds for obstruction of justice. A third denied a request by rooftop entrepreneurs to enjoin the construction of a massive video screen at Wrigley Field. This exhaustive chronology traces the effects the law has had on the national pastime, both pro and con, on and off the field, from the use of copyright to protect not only equipment but also "Take Me Out to the Ball Game" to frequent litigation between players and owners over contracts and the reserve clause. The stories of lawyers like Kenesaw Mountain Landis and Branch Rickey are entertainingly instructive.
Book Synopsis On Knowing by : Jerome Seymour Bruner
Download or read book On Knowing written by Jerome Seymour Bruner and published by Harvard University Press. This book was released on 1979 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The left hand has traditionally represented the powers of intuition, feeling, and spontaneity. In this classic book, Jerome Bruner inquires into the part these qualities play in determining how we know what we do know; how we can help others to know--that is, to teach; and how our conception of reality affects our actions and is modified by them. The striking and subtle discussions contained in On Knowing take on the core issues concerning man's sense of self: creativity, the search for identity, the nature of aesthetic knowledge, myth, the learning process, and modern-day attitudes toward social controls, Freud, and fate. In this revised, expanded edition, Bruner comments on his personal efforts to maintain an intuitively and rationally balanced understanding of human nature, taking into account the odd historical circumstances which have hindered academic psychology's attempts in the past to know man. Writing with wit, imagination, and deep sympathy for the human condition, Jerome Bruner speaks here to the part of man's mind that can never be completely satisfied by the right-handed virtues of order, rationality, and discipline.
Book Synopsis Learned Hand's Court by : Marvin Schick
Download or read book Learned Hand's Court written by Marvin Schick and published by Praeger Pub Text. This book was released on 1978 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the U.S. Court of Appeals for the Second Circuit.
Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst
Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by . This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.
Book Synopsis Learned Hand's Court by : Marvin Schick
Download or read book Learned Hand's Court written by Marvin Schick and published by JHU Press. This book was released on 2019-12-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1970. This is a study of one of the most highly respected tribunals in the history of the English-speaking world—the United States Court of Appeals for the Second Circuit. Situated in Manhattan, the Second Circuit Court, serving New York, Connecticut, and Vermont, is the most important commercial court in the country. But, like other inferior courts, it has never been studied in depth. Marvin Schick provides a comprehensive analysis. From 1941 to 1951, Learned Hand presided over the Second Circuit as chief judge, and the court bore his stamp. But on its bench sat other men of great competence, judges Thomas W. Swan, August N. Hand, and Harrie B. Chase, as well as Charles E. Clark and Jerome N. Frank, whose constant disagreement characterized much of the court's work. Schick studies the Second Circuit Court from several angles: historical, biographical, behavioral, and case analytical. He tells a history of the court from its origins in 1789. He provides biographical sketches of the six judges who sat during Learned Hand's tenure as chief judge. He analyzes the many decisions handed down by the court, including the precedent setters. He examines the court's decision-making process, especially its unique procedures such as the memorandum system, which requires from the judges "preliminary opinions" in the cases they hear. A novel feature of this book is the correlation of votes of the Second Circuit judges with subsequent decisions of the Supreme Court. Schick was aided in his study by having access to the private papers of Judge Clark. These thousands of memoranda and letters throw much light on the workings of the Second Circuit Court and reveal the bargaining that went on among the judges in difficult cases. The Clark papers make possible a clearer understanding of the incessant conflict between Clark and Frank and show how this unusual relationship gave vitality to the Second Circuit.
Author :G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia Publisher :Oxford University Press, USA ISBN 13 :0199729182 Total Pages :566 pages Book Rating :4.1/5 (997 download)
Book Synopsis The American Judicial Tradition : Profiles of Leading American Judges by : G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia
Download or read book The American Judicial Tradition : Profiles of Leading American Judges written by G. Edward White John B. Minor Professor of Law and Cromwell Research Professor of History University of Virginia and published by Oxford University Press, USA. This book was released on 1988-12-01 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available in a newly revised and updated second edition, this highly-acclaimed volume presents a series of portraits of the most famous appellate judges in American history from John Marshall to the Burger court. G. Edward White traces the American judicial tradition through sketches of the careers and contributions of such significant judges as John Marshall, Joseph Story, Roger Taney, Stephen Field, Oliver Wendell Holmes, Louis Brandeis, Charles Evans Hughes, Felix Frankfurter, Hugo Black, Earl Warren, William Brennan, and Sandra Day O'Connor. This expanded edition contains a new preface, an updated bibliographical note, and two new chapters, one on Justice William O. Douglas and one on the Burger Court.
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. This book was released on 2014-04-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 1830s, the French aristocrat Alexis de Tocqueville warned that "insufferable despotism" would prevail if America ever acquired a national administrative state. Today's Tea Partiers evidently believe that, after a great wrong turn in the early twentieth century, Tocqueville's nightmare has come true. In those years, it seems, a group of radicals, seduced by alien ideologies, created vast bureaucracies that continue to trample on individual freedom. In Tocqueville's Nightmare, Daniel R. Ernst destroys this ahistorical and simplistic narrative. He shows that, in fact, 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 built into the administrative state. Far from following "un-American" models, American state-builders rejected the leading European scheme for constraining government, the Rechtsstaat (a state of rules). Instead, they looked to an Anglo-American tradition that equated the rule of law with the rule of courts and counted on judges to review the bases for administrators' decisions. Soon, however, even judges realized that strict judicial review shifted to courts decisions best left to experts. The most masterful judges, including Charles Evans Hughes, Chief Justice of the United States from 1930 to 1941, ultimately decided that a "day in court" was unnecessary if individuals had already had a "day in commission" where the fundamentals of due process and fair play prevailed. This procedural notion of the rule of law not only solved the judges' puzzle of reconciling bureaucracy and freedom. It also assured lawyers that their expertise in the ways of the courts would remain valuable, and professional politicians that presidents would not use administratively distributed largess as an independent source of political power. Tocqueville's nightmare has not come to pass. Instead, the American administrative state is a restrained and elegant solution to a thorny problem, and it remains in place to this day.
Book Synopsis The Economic Structure of Corporate Law by : Frank H. Easterbrook
Download or read book The Economic Structure of Corporate Law written by Frank H. Easterbrook and published by Harvard University Press. This book was released on 1996-02-01 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors argue that the rules and practices of corporate law mimic contractual provisions that parties would reach if they bargained about every contingency at zero cost and flawlessly enforced their agreements. But bargaining and enforcement are costly, and corporate law provides the rules and an enforcement mechanism that govern relations among those who commit their capital to such ventures. The authors work out the reasons for supposing that this is the exclusive function of corporate law and the implications of this perspective.
Book Synopsis The Global Clinical Movement by : Frank S. Bloch
Download or read book The Global Clinical Movement written by Frank S. Bloch and published by . This book was released on 2011 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinical legal education is playing an increasingly important role in educating lawyers worldwide. In The Global Clinical Movement: Educating Lawyers for Social Justice, editor Frank S. Bloch and contributors describe the central concepts, goals, and methods of clinical legal education from a global perspective, with a particular emphasis on its social justice mission. With chapters written by leading clinical legal educators from every region of the world, The Global Clinical Movement demonstrates how the emerging global clinical movement can advance social justice through legal education. Professor Bloch and the contributors also examine the influence of clinical legal education on the legal academy and the legal profession and chart the global clinical movement's future role in educating lawyers for social justice. The Global Clinical Movement consists of three parts. Part I describes clinical legal education programs from every region of the world and discusses those qualities that are unique to a particular country or region. Part II discusses the various ways that clinical programs and the clinical methodology advance the cause of social justice around the world. Part III analyzes the current state of the global clinical movement and sets out an agenda for the movement to advance social justice through socially relevant legal education.
Book Synopsis The American Judicial Tradition by : G. Edward White
Download or read book The American Judicial Tradition written by G. Edward White and published by Oxford University Press. This book was released on 2007-01-11 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised third edition of a classic in American jurisprudence, G. Edward White updates his series of portraits of the most famous appellate judges in American history from John Marshall to Oliver W. Holmes to Warren E. Burger, with a new chapter on the Rehnquist Court. White traces the development of the American judicial tradition through biographical sketches of the careers and contributions of these renowned judges. In this updated edition, he argues that the Rehnquist Court's approach to constitutional interpretation may have ushered in a new stage in the American judicial tradition. The update also includes a new preface and revised bibliographic note.
Book Synopsis Toward a Theory of Instruction by : Jerome Bruner
Download or read book Toward a Theory of Instruction written by Jerome Bruner and published by Harvard University Press. This book was released on 1966 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Instruction is an effort to assist or to shape growth. In devising instruction for the young, one would be ill advised indeed to ignore what is known about growth, its constraints and opportunities. And a theory of instruction - and this book is a series of exercises in such a theory - is in effect a theory of how growth and development are assisted by diverse means.
