Download or read book Beyond State Farm V Campbell written by Michael F. Aylward and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book State Farm Mutual Automobile Insurance Company V Campbell 2003 written by United States. Supreme Court and published by . This book was released on 2004 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond a Reasonable Doubt written by Alan M. Dershowitz and published by Phoenix Books. This book was released on 2006-11-01 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This phrase, heard countless times every day in American courtrooms across the country, sets forth the burden of proof placed upon the prosecution in a criminal trial. Yet this cherished principle is not mentioned in the Constitution, nor is it defined by any laws. What, then, does “beyond a reasonable doubt” really mean, and how should it be interpreted and applied? In Beyond a Reasonable Doubt more than 80 distinguished contributors reflect on what this standard really means and how it is applied. Brilliantly dissecting its meaning from every angle, attorneys, judges, novelists, journalists, religious leaders and convicted felons shine a light on the most compelling standard in our legal system.
Download or read book Law 101 written by Jay Feinman and published by Oxford University Press. This book was released on 2014-08-01 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing
Download or read book Landmark Cases in the Law of Punitive Damages written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.
Download or read book Proving and Defending Damage Claims written by James Joseph Brown and published by Wolters Kluwer. This book was released on 2007-01-01 with total page 1336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, the standards for assessing the different types of damages vary greatly from state to state. Tort reform nationally has had a significant impact on tort damages. In addition, many states have codified the law concerning claims for damages arising from medical malpractice, consumer rights, wrongful death, and products liability. Proving and Defending Damage Claims: A Fifty-State Guide is the one reference that will help you accurately assess and pursue damages-- from drafting or defending a complaint to arguing damages at trial. This unique resource will help you present the strongest possible case on behalf of your client. You'll gain instant access to: Fifty-state surveys that provide quick and reliable answers to questions about recoverable damages. Analysis to help you calculate recoverable damages for particular causes of action. Reliable insights into the framework of punitive damages, including their availability and limitations. And much more! ; Proving and Defending Damage Claims: A Fifty-State Guide enables you to quickly and accurately assess damages in all fifty states. This essential resource analyzes damages connected with specific causes of action, including: Medical Malpractice Products Liability Personal injury Wrongful Death Equitable Remedies Property Loss Environmental Torts Consumer Protection
Download or read book 108 1 Hearing Potential Congressional Responses to The Supreme Court s Decision In State Farm Mutual Automobile Ins Co V Campbell Etc Serial No 48 September 23 2003 written by and published by . This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.
Download or read book Off and Running written by Angela C. Arey and published by Aspen Publishing. This book was released on 2014-12-09 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Off and Running is a unique text for the first semester of the 1L legal writing and research course, designed to guide students through their development of the essential skills needed to practice law. Using a single, classroom-tested fact pattern, the authors demonstrate in concrete steps how a first-year associate might approach a legal problem. Students practice these steps and skills on other fact patterns, as they read about this fictional associate. Using this fresh approach and a plain-English writing style, the authors introduce essential concepts and skills related to objective legal writing and legal research, with a particular emphasis on the professional and ethical representation of clients. Students learn how to think like a lawyer. Features: Fully integrated coursebook for first semester of 1L LRW course. Integrates research, analysis, and writing. Emphasis on how skills relate to the practice of law, with focus on both litigation and transactional applications. Professionalism and ethics discussions, including "ethics alert" boxes, are integrated throughout the text. Presents one classroom-tested fact pattern to demonstrate how to i.d. the issues in the fact pattern, use legal resources to research those issues, and use the research results to write documents such as an objective memorandum and a client letter. Professors may assign different fact patterns, set in other jurisdictions, to have students demonstrate their skills. They may also assign a closed-universe problem during the early weeks of the semester. Other chapters cover an overview of the U.S. legal system, the basics of grammar, punctuation and style; how to use e-mail effectively; and incorporating LW principles into litigation and transactional documents. Book takes a streamlined approach, focusing on the essentials and using plain English, in order to remain accessible to students
Download or read book Choice of Law written by Symeon Symeonides and published by Oxford University Press. This book was released on 2016 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Download or read book Managing Beyond Compliance written by Alfred Allen Marcus and published by . This book was released on 2006 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Potential Congressional Responses to the Supreme Court s Decision in State Farm Mutual Automobile Ins V Cambell written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Privacy at the Margins written by Scott Skinner-Thompson and published by Cambridge University Press. This book was released on 2020-11-05 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.
Download or read book Lawyer Barons written by Lester Brickman and published by Cambridge University Press. This book was released on 2011-01-31 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a broad and deep inquiry into how contingency fees distort our civil justice system, influence our political system and endanger democratic governance. Contingency fees are the way personal injury lawyers finance access to the courts for those wrongfully injured. Although the public senses that lawyers manipulate the justice system to serve their own ends, few are aware of the high costs that come with contingency fees. This book sets out to change that, providing a window into the seamy underworld of contingency fees that the bar and the courts not only tolerate but even protect and nurture. Contrary to a broad academic consensus, the book argues that the financial incentives for lawyers to litigate are so inordinately high that they perversely impact our civil justice system and impose other unconscionable costs. It thus presents the intellectual architecture that underpins all tort reform efforts.
Download or read book Encyclopedia of the Supreme Court Second Edition written by David Schultz and published by Infobase Holdings, Inc. This book was released on 2021-09-01 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: Praise for the previous edition: "...concise, well-written entries...Schultz's accessible work will be of use to both undergraduates and the general public; recommended for all academic and public libraries."—Library Journal "...achieves the goal of presenting a serious overview of the Supreme Court."—Booklist "At its reasonable price this title should be found in every American library, public as well as academic. It should also be purchased by every high school library, no matter how small the school body may be."—American Reference Books Annual From the structure of the Supreme Court to its proceedings, this comprehensive encyclopedia presents the cornerstone of the American justice system. Featuring more than 600 A-to-Z entries—written by leading academics and lawyers—Encyclopedia of the Supreme Court, Second Edition offers a thorough review of critical cases, issues, biographies, and topics important to understanding the Supreme Court. Entries include: Abortion Capital punishment Citizens United v. Federal Election Commission Double jeopardy employment discrimination Federalism Masterpiece Cakeshop v. Colorado Civil Rights Commission Obergefell v. Hodges police use of force public health and the U.S. Constitution Thurgood Marshall Title IX and schools United States v. Nixon Earl Warren Wiretapping
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 2013 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Antonin Scalia and American Constitutionalism written by Edward A. Purcell, Jr. and published by Oxford University Press. This book was released on 2020-04-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Antonin Scalia and American Constitutionalism is an in-depth study of Justice Antonin Scalia's jurisprudence, his work on the Supreme Court, and his significance in the history of American constitutionalism. After tracing Scalia's rise to Associate Justice and his subsequent emergence as a hero of the Republican Party and the political right, this book reviews and criticizes his general jurisprudential theory, arguing that he failed to produce either the objective method he claimed or the correct constitutional results he promised. Focusing on his judicial performance over his thirty years on the Court, it examines his decisions and opinions on virtually all of the constitutional issues he addressed from the fundamentals of structure (federalism, separation of powers, and the Article III judicial power) to specific interpretations of most major constitutional provisions involving governmental powers and the rights of individuals under the Bill of Rights and the Fourteenth Amendment. This book argues that Scalia applied his jurisprudential theories in inconsistent and contradictory ways and often ignored, distorted, or abandoned the interpretive methods he proclaimed to reach the results he sought, results that were aligned with and supported by the post-Reagan Republican coalition. Scalia was far more consistent in enforcing such ideologically compatible results than he was in following his proclaimed jurisprudential theories. Finally, assessing Scalia's historical significance, Antonin Scalia and American Constitutionalism argues that his jurisprudence and career are particularly illuminating because they exemplify--contrary to his persistent claims--three paramount characteristics of American constitutionalism: the inherent inadequacy of originalism and other formal interpretive methodologies to produce consistent and correct answers to controverted constitutional questions; the close relationship that exists, particularly so in Scalia's case, between constitutional theories and interpretations on one hand and substantive political goals and values on the other; and the unavoidably living nature of American constitutionalism itself. All in all, Scalia stands as a towering figure of irony because his judicial career deconstructed the central claims of his own jurisprudence.
