Search Results for "the-ages-of-american-law-second-edition-the-storrs-lectures-series"

The Ages of American Law

The Ages of American Law

Second Edition

  • Author: Grant Gilmore
  • Publisher: Yale University Press
  • ISBN: 030021104X
  • Category: Law
  • Page: 248
  • View: 1167
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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

Patterns of American Jurisprudence

Patterns of American Jurisprudence

  • Author: Neil Duxbury
  • Publisher: Clarendon Press
  • ISBN: 0191018767
  • Category: Law
  • Page: 530
  • View: 3541
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This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.

Why Nudge?

Why Nudge?

The Politics of Libertarian Paternalism

  • Author: Cass R. Sunstein
  • Publisher: Yale University Press
  • ISBN: 0300197861
  • Category: Business & Economics
  • Page: 208
  • View: 2206
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The best-selling author of Simpler offers an argument for protecting people from their own mistakes.

Constitutional Fate

Constitutional Fate

Theory of the Constitution

  • Author: Philip Bobbitt
  • Publisher: Oxford University Press
  • ISBN: 0199878587
  • Category: Political Science
  • Page: 304
  • View: 8291
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Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.

Legal Methods

Legal Methods

Understanding and Using Cases and Statutes

  • Author: Peter L. Strauss
  • Publisher: Foundation Press
  • ISBN: 9781609301996
  • Category: Law
  • Page: 778
  • View: 3915
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How should students begin their legal education? Professor Peter Strauss's innovative materials build on a Columbia Law School commitment reaching back to Karl Llewellyn's Bramble Bush--that legal education should start with orientation to the materials lawyers use and the institutions they deal with. Like its predecessors, the third edition builds both case analysis and statutory interpretation skills, with an increasing emphasis on the latter. After a general introduction, four chapters deal with three historical stages in American legal development Karl Llewellyn and Grant Gilmore had identified--"Discovery" at the nation's beginnings; "Faith" as judges turned formalist in the late Nineteenth Century; "Anxiety" as progressive legislation challenged judges and legal realism emerged --and "Modern Times," the current day. Each chapter presents both case and statutory materials--simple at first and gradually becoming more complex, with statutes increasingly dominating. The first three of these chapters, "Discovery," "Faith," and "Anxiety," follow the development of product liability law, wholly a common law matter, and workplace injury law, which begins in the courts and is displaced by statutes. The distribution of authority between federal and state courts, that begins with Swift v. Tyson and ends with Erie RR v. Thomson, is a secondary theme. That displacement is signaled, for teaching purposes, by the Railroad Safety Appliances Act of 1893. Innovative teaching materials reflect the realities of law practice by engaging the students with practical problems the railroads were required to solve, legislative materials they would have been attentive to, and Interstate Commerce Commission reports on the negotiated implementation of the Act, hours before they encounter the first judicial dealings with its interpretation. That they will quickly reach an understanding of the statute that initially eludes the judges is, in itself, an important lesson. "Modern Times," brings product liability developments through the ALI's Third Restatement of Torts. On the statutory side, a unit on litigation fee reimbursement, structured along the same lines as the Railway Safety Appliances Act materials, engages students in contemporary congressional materials and lawyers' briefs, in the courts' increasing struggles over interpretive technique, and in the difficulties of contemporary legislative-judicial "conversation. The interpretive debate is then revisited in extensive passages from the writings of Judge Stephen Breyer, purposivist, and John Manning, textualist, supplemented by many shorter excerpts from the literature. The chapter ends by setting three interpretive problems for students to resolve for themselves before turning the page to discover how the Supreme Court very recently resolved them. In proceeding from the early 19th Century to the greater complexities of the current day, then, the casebook explores the sources, forms, and development of law, the analysis and synthesis of judicial precedents, the interpretation of statutes, the coordination of judge-made and statute law, and the uses of legal reasoning. Understanding that today's lawyer must often deal with transactions governed by the civil law, the dominant legal system in much of the rest of the world, the casebook attempts briefly to expose the student to its development as well. With this casebook, a student will have acquired skills essential to work in other law school classes, an appreciation for the changing styles of legal analysis that American jurists have brought to their work over time, and an awareness of current disputes about the modern role of judges, particularly in relation to the work of legislatures.

Natural Law and Natural Rights

Natural Law and Natural Rights

  • Author: John Finnis
  • Publisher: OUP Oxford
  • ISBN: 0191021547
  • Category: Law
  • Page: 512
  • View: 2527
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First published in 1980, Natural Law and Natural Rights is widely heralded as a seminal contribution to the philosophy of law, and an authoritative restatement of natural law doctrine. It has offered generations of students and other readers a thorough grounding in the central issues of legal, moral, and political philosophy from Finnis's distinctive perspective. This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to develop and refine the original theory. The book closely integrates the philosophy of law with ethics, social theory and political philosophy. The author develops a sustained and substantive argument; it is not a review of other people's arguments but makes frequent illustrative and critical reference to classical, modern, and contemporary writers in ethics, social and political theory, and jurisprudence. The preliminary First Part reviews a century of analytical jurisprudence to illustrate the dependence of every descriptive social science upon evaluations by the theorist. A fully critical basis for such evaluations is a theory of natural law. Standard contemporary objections to natural law theory are reviewed and shown to rest on serious misunderstandings. The Second Part develops in ten carefully structured chapters an account of: basic human goods and basic requirements of practical reasonableness, community and 'the common good'; justice; the logical structure of rights-talk; the bases of human rights, their specification and their limits; authority, and the formation of authoritative rules by non-authoritative persons and procedures; law, the Rule of Law, and the derivation of laws from the principles of practical reasonableness; the complex relation between legal and moral obligation; and the practical and theoretical problems created by unjust laws. A final Part develops a vigorous argument about the relation between 'natural law', 'natural theology' and 'revelation' - between moral concern and other ultimate questions.

Simpler

Simpler

The Future of Government

  • Author: Cass R. Sunstein
  • Publisher: Simon and Schuster
  • ISBN: 1476726604
  • Category: Biography & Autobiography
  • Page: 272
  • View: 1042
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Draws on behavioral psychology and economics to trace U.S. policy changes that reflect smarter and simpler government practices while preserving freedom of choice in areas ranging from mortgages and student loans to food labeling and health care.

Impeachment

Impeachment

A Handbook

  • Author: Charles Lund Black,Akhil Reed Amar
  • Publisher: Yale University Press
  • ISBN: 9780300079500
  • Category: Law
  • Page: 80
  • View: 3404
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A guide to presidential impeachment outlines the process, defines the phrase "high Crimes and Misdemeanors," explains the relationship between crimes and impeachable offenses, and lists the most relevant Constitutional provisions

The Morality of Law

The Morality of Law

  • Author: Lon L. Fuller
  • Publisher: Yale University Press
  • ISBN: 9780300010701
  • Category: Law
  • Page: 262
  • View: 667
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Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

Redeeming American Political Thought

Redeeming American Political Thought

  • Author: Judith N. Shklar,Stanley Hoffmann,Dennis F. Thompson
  • Publisher: University of Chicago Press
  • ISBN: 9780226753478
  • Category: Political Science
  • Page: 209
  • View: 9596
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A collection of thirteen essays on American political thought.

Beyond the Formalist-Realist Divide

Beyond the Formalist-Realist Divide

The Role of Politics in Judging

  • Author: Brian Z. Tamanaha
  • Publisher: Princeton University Press
  • ISBN: 9781400831982
  • Category: Law
  • Page: 264
  • View: 4371
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According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

Political Thought and Political Thinkers

Political Thought and Political Thinkers

  • Author: Judith N. Shklar,Stanley Hoffmann
  • Publisher: University of Chicago Press
  • ISBN: 9780226753461
  • Category: History
  • Page: 402
  • View: 4688
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A collection of twenty-one essays written over Shklar's forty-year career as a professor at Harvard University.

The Faces of Injustice

The Faces of Injustice

  • Author: Judith N. Shklar
  • Publisher: Yale University Press
  • ISBN: 0300045999
  • Category: Political Science
  • Page: 144
  • View: 7504
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The Ethics of Influence

The Ethics of Influence

Government in the Age of Behavioral Science

  • Author: Cass R. Sunstein
  • Publisher: Cambridge University Press
  • ISBN: 1107140706
  • Category: Business & Economics
  • Page: 234
  • View: 9084
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In The Ethics of Influence, Cass R. Sunstein investigates the ethical issues surrounding government nudges, choice architecture, and mandates.

An Introduction to the Philosophy of Law

An Introduction to the Philosophy of Law

  • Author: Roscoe Pound
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584773278
  • Category: Law
  • Page: 307
  • View: 6024
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Pound, Roscoe. An Introduction to the Philosophy of Law. New Haven: Yale University Press, 1922. 307 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002044351. ISBN 1-58477-327-8. Cloth. $70. * Pound's Introduction outlines the philosophical foundations that support Anglo-American common law. A written version of the Storrs Lectures delivered at Yale University during the academic year 1921-1922. "Dean Pound has given us a clear, concise introduction to the philosophy of the law. It is so concise that it is impossible to summarize it so as to give any idea of its wealth of learning....An excellent, impartial and concise presentation of the subject..." William Herbert Page, Harvard Law Review 36:115-117 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 922.

Racecraft

Racecraft

The Soul of Inequality in American Life

  • Author: Karen E. Fields,Barbara Jeanne Fields
  • Publisher: Verso Trade
  • ISBN: 1781683131
  • Category: Political Science
  • Page: 304
  • View: 1225
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Challenges popular conceptions about racism to explain its pervasiveness in economic doctrine, politics and everyday thinking, arguing that America must develop a legitimate language for thinking about and discussing inequality in broad terms in order to achieve a post-racial society. Co-written by the author of Free at Last.

Gifts

Gifts

A Study in Comparative Law

  • Author: Richard Hyland
  • Publisher: Oxford University Press
  • ISBN: 0195343360
  • Category: Law
  • Page: 708
  • View: 575
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Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems discussed include principally, in the common law, those of Great Britain, the United States, and India, and, in the civil law, the private law systems of Belgium and France, Germany, Italy, and Spain. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. His study demonstrates, to the contrary, that legal systems actually differ, not only in their approach and conceptual structure, but just as much in the results.

The Administrative Threat

The Administrative Threat

  • Author: Philip Hamburger
  • Publisher: Encounter Books
  • ISBN: 159403950X
  • Category: Political Science
  • Page: 68
  • View: 8317
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Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.

The Heavenly City of the Eighteenth-century Philosophers

The Heavenly City of the Eighteenth-century Philosophers

  • Author: Carl Lotus Becker
  • Publisher: Yale University Press
  • ISBN: 9780300101508
  • Category: Philosophy
  • Page: 168
  • View: 2510
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Here a distinguished American historian challenges the belief that the eighteenth century was essentially modern in its temper. In crystalline prose Carl Becker demonstrates that the period commonly described as the Age of Reason was, in fact, very far from that; that Voltaire, Hume, Diderot, and Locke were living in a medieval world, and that these philosophers "demolished the Heavenly City of St. Augustine only to rebuild it with more up-to-date materials.” In a new foreword, Johnson Kent Wright looks at the book’s continuing relevance within the context of current discussion about the Enlightenment. "Will remain a classic--a beautifully finished literary product.”--Charles A. Beard, American Historical Review "The Heavenly City of the Eighteenth-Century Philosophers remains one of the most distinctive American contributions to the historical literature on the Enlightenment. . . . [It] is likely to beguile and provoke readers for a long time to come.”--Johnson Kent Wright, from the foreword

The Law and Economics of Intellectual Property in the Digital Age

The Law and Economics of Intellectual Property in the Digital Age

The Limits of Analysis

  • Author: Niva Elkin-Koren,Eli Salzberger
  • Publisher: Routledge
  • ISBN: 1136249508
  • Category: Law
  • Page: 290
  • View: 8391
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This book explores the economic analysis of intellectual property law, with a special emphasis on the Law and Economics of informational goods in light of the past decade’s technological revolution. In recent years there has been massive growth in the Law and Economics literature focusing on intellectual property, on both normative and positive levels of analysis. The economic approach to intellectual property is often described as a monolithic, coherent approach that may differ only as it is applied to a particular case. Yet the growing literature of Law and Economics in intellectual property does not speak in one voice. The economic discourse used in legal scholarship and in policy-making encompasses several strands, each reflecting a fundamentally different approach to the economics of informational works, and each grounded in a different ideology or methodological paradigm. This book delineates the various economic approaches taken and analyzes their tenets. It maps the fundamental concepts and the theoretical foundation of current economic analysis of intellectual property law, in order to fully understand the ramifications of using economic analysis of law in policy making. In so doing, one begins to appreciate the limitations of the current frameworks in confronting the challenges of the information revolution. The book addresses the fundamental adjustments in the methodology and underlying assumptions that must be employed in order for the economic approach to remain a useful analytical framework for addressing IPR in the information age.