• Law

The Ages of American Law

Second Edition
Author: Grant Gilmore
Publisher: Yale University Press
ISBN: 030021104X
Category: Law
Page: 248
View: 7002
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

    • Law

Patterns of American Jurisprudence


Author: Neil Duxbury
Publisher: Clarendon Press
ISBN: 0191018767
Category: Law
Page: 530
View: 8268
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.

    • Business & Economics

Why Nudge?

The Politics of Libertarian Paternalism
Author: Cass R. Sunstein
Publisher: Yale University Press
ISBN: 0300197861
Category: Business & Economics
Page: 208
View: 9411
The best-selling author of Simpler offers an argument for protecting people from their own mistakes.

    • Law

Yale Law Journal: Volume 123, Number 7 - May 2014


Author: Yale Law Journal
Publisher: Quid Pro Books
ISBN: 1610278631
Category: Law
Page: 444
View: 6719
The May 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: • Article, "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation," by Kristin Collins • Article, "Legitimacy and Federal Criminal Enforcement Power," by Lauren M. Ouziel • Feature, "The Age of Consent," by Philip C. Bobbitt • Review, "Judging Justice on Appeal," by Marin K. Levy • Note, "The Growth of Litigation Finance in DOJ Whistleblower Suits: Implications and Recommendations," by Mathew Andrews • Note, "Reducing Inequality on the Cheap: When Legal Rule Design Should Incorporate Equity as Well as Efficiency," by Zachary Liscow • Note, "Domestic Violence Asylum After Matter of L-R-," by Jessica Marsden • Comment, "Beating Blackwater: Using Domestic Legislation to Enforce the International Code of Conduct for Private Military Companies," by Reema Shah This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. This May 2014 issue is Volume 123, Number 7.

    • Political Science

Constitutional Fate

Theory of the Constitution
Author: Philip Bobbitt
Publisher: Oxford University Press
ISBN: 0199878587
Category: Political Science
Page: 304
View: 9714
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.

    • Law

An Introduction to the Philosophy of Law


Author: Roscoe Pound
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584773278
Category: Law
Page: 307
View: 7131
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.

    • Law

Legal Methods

Understanding and Using Cases and Statutes
Author: Peter L. Strauss
Publisher: N.A
ISBN: N.A
Category: Law
Page: 889
View: 9846
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.In general, Legal Methods provides an introduction to the processes and the skills necessary in the professional use of case law and legislation, and to the development of American legal institutions. The casebook starts with materials from the first decades of American history, with relatively simple common law litigation, statutes and institutions, and with a country having to fashion its law for itself, largely through its courts. As the country industrializes, judicial styles change, statutes and their interpretation become more and more important, administrative agencies emerge. The materials largely explore the developing law on the related questions of product liability and

    • Social Science

How Can You Represent Those People?


Author: A. Smith,M. Freedman
Publisher: Springer
ISBN: 1137311959
Category: Social Science
Page: 228
View: 6010
How Can You Represent Those People? is the first-ever collection of essays offering a response to the 'Cocktail Party Question' asked of every criminal lawyer. A must-read for anyone interested in race, poverty, crime, punishment, and what makes lawyers tick.

    • Law

Impeachment

A Handbook
Author: Charles Lund Black,Akhil Reed Amar
Publisher: Yale University Press
ISBN: 9780300079500
Category: Law
Page: 80
View: 7173
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

    • History

Closed chambers

the rise, fall, and future of the modern Supreme Court
Author: Edward Lazarus
Publisher: Penguin Group USA
ISBN: N.A
Category: History
Page: 598
View: 9498
A former Supreme Court clerk reveals the judicial institution's inner workings and decision making processes, offering a detailed portrait of justice corrupted by politics and unduly influenced by the power of personality.

    • Law

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: 5325
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.

    • Law

Gifts

A Study in Comparative Law
Author: Richard Hyland
Publisher: Oxford University Press
ISBN: 0195343360
Category: Law
Page: 708
View: 2545
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.

    • Business & Economics

Nudge

Improving Decisions About Health, Wealth, and Happiness
Author: Richard H. Thaler,Cass R. Sunstein
Publisher: Penguin
ISBN: 1101655097
Category: Business & Economics
Page: 320
View: 1030
From the winner of the 2017 Nobel Prize in Economics, Richard H. Thaler, and Cass R. Sunstein: a revelatory look at how we make decisions—for fans of Malcolm Gladwell’s Blink and Daniel Kahneman’s Thinking Fast and Slow New York Times bestseller Named a Best Book of the Year by The Economist and the Financial Times Every day we make choices—about what to buy or eat, about financial investments or our children’s health and education, even about the causes we champion or the planet itself. Unfortunately, we often choose poorly. Nudge is about how we make these choices and how we can make better ones. Using dozens of eye-opening examples and drawing on decades of behavioral science research, Nobel Prize winner Richard H. Thaler and Harvard Law School professor Cass R. Sunstein show that no choice is ever presented to us in a neutral way, and that we are all susceptible to biases that can lead us to make bad decisions. But by knowing how people think, we can use sensible “choice architecture” to nudge people toward the best decisions for ourselves, our families, and our society, without restricting our freedom of choice. More than 750,000 copies sold


    • Business & Economics

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: 8846
In The Ethics of Influence, Cass R. Sunstein investigates the ethical issues surrounding government nudges, choice architecture, and mandates.

    • Philosophy

The Heavenly City of the Eighteenth-century Philosophers


Author: Carl Lotus Becker
Publisher: Yale University Press
ISBN: 9780300101508
Category: Philosophy
Page: 168
View: 2810
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

    • Law

The Morality of Law


Author: Lon L. Fuller
Publisher: Yale University Press
ISBN: 9780300010701
Category: Law
Page: 262
View: 3692
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.

    • Philosophy

Reason and Morality


Author: Alan Gewirth
Publisher: University of Chicago Press
ISBN: 9780226288765
Category: Philosophy
Page: 393
View: 1000
"Most modern philosophers attempt to solve the problem of morality from within the epistemological assumptions that define the dominant cultural perspective of our age. Alan Gewirth's Reason and Morality is a major work in this ongoing enterprise. Gewirth develops, with patience and skill, what he calls a 'modified naturalism' in which morality is derived by logic alone from the concept of action. . . . I think that the publication of Reason and Morality is a major event in the history of moral philosophy. It develops with great power a new and exciting position in ethical naturalism. No one, regardless of philosophical stance, can read this work without an enlargement of mind. It illuminates morality and agency for all."—E. M. Adams, The Review of Metaphysics "This is a fascinating study of an apparently intractable problem. Gewirth has provided plenty of material for further discussion, and his theory deserves serious consideration. He is always aware of possible rejoinders and argues in a rigorous manner, showing a firm grasp of the current state of moral and political philosophy."—Mind

    • Political Science

The Faces of Injustice


Author: Judith N. Shklar
Publisher: Yale University Press
ISBN: 0300045999
Category: Political Science
Page: 144
View: 800

    • Law

Reconstructing Judicial Review


Author: Sarah Nason
Publisher: Bloomsbury Publishing
ISBN: 1509904646
Category: Law
Page: 256
View: 598
This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical 'social' facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right orequality duty, and constitutional allocation of powers, constitutional rights, or other complex constitution principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker's reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court.