Download or read book Main Currents in American Legal Thought written by Bernard Schwartz and published by . This book was released on 1993 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A bracing work of scholarship that could inspire readers . . . A virtue of Main Currents in American Legal Thought is that Mr. Schwartz continually relates judicial opinions to what was happening in the country." - "Books of the Times" in the New York Times"A worthy and welcome addition to the literature of American Law. Careful documentation; comprehensive index. Highly recommended for all informed readers." -Choice"Professor Bernard Schwartz is well know to me and other members of the Supreme Court for the extraordinary range of his scholarship in constitutional law . . .[His] works reflect meticulous research into original sources, an inquiry that is so essential to a clear understanding of the meaning of the constitutional provisions that, in assuring the liberty and dignity of every person, distinguish our governmental system from all others. The quality of Professor Schwartz's work is exemplary." - Associate Justice William J. Brennan, Jr., United States Supreme Court (from the 1988 Annual Survey of American Law) commenting generally on Professor Schwartz's scholarship

Download or read book The Spirit Of American Law written by George S Grossman and published by Routledge. This book was released on 2018-04-24 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for the general public, the readings in this collection explore the roots of American law from pre-history to ancient Greece and Rome and the common law of England. America's legal development is traced from the drafting of the Constitution to the Rehnquist Court. Themes along the way include the ?Golden Age? of the early nineteenth century, when American law took on its distinctive character, the impact of slavery and the Civil War, and the struggles of the Progressives to regulate the nation's industrialized economy between the post-Civil War era and the New Deal. A reading on the Nuremberg Trials introduces the theme of international human rights, while post-war readings trace the nation's legal confrontations over civil liberties, civil rights, the rights of women, the protection of the environment, and legal protections for those accused of crimes. Dramatic highlights include the Sacco-Vanzetti case, the internment of Japanese-Americans during the Second World War, the trial of the ?Chicago Eight? during the Vietnam War, and the Watergate scandal. Leading personalities include Sirs Edward Coke and William Blackstone in England, Chief Justices John Marshall and Earl Warren, Justices Stephen J. Field, Oliver Wendell Holmes, Jr., Louis D. Brandeis, and Felix Frankfurter, and Judge Learned Hand. Readings on the future of American law explore the impact of alternative dispute resolution, science and technology, globalization, and space exploration, as well as trends in the legal profession and in legal philosophy.

Download or read book Reconstructing American Legal Realism Rethinking Private Law Theory written by Hanoch Dagan and published by Oxford University Press. This book was released on 2013-09-19 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the myriad choices of interpretation judges face when confronted with rules and cases, legal realists are concerned with how these doctrinal materials carry over into judicial outcomes. What can explain past judicial behavior and predict its future course? How can law constrain judgments made by unelected judges? How can the distinction between law and politics be maintained despite the collapse of law's autonomy in its positivist rendition? In Reconstructing American Legal Realism & Rethinking Private Law Theory, Hanoch Dagan provides an innovative and useful interpretation of legal realism. He revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress-and demonstrates how the major claims attributed to legal realism fit into this conception of law. Dagan seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost. He draws upon the realist texts of Oliver Wendell Holmes, Karl Llewellyn, and others to explain how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory. Building on this realist conception of law and enriching its texture, Dagan addresses more particular jurisprudential questions. He shows that the realist achievement in capturing law's irreducible complexity is crucial to the reinvigoration of legal theory as a distinct scholarly subject matter, and is also inspiring for a host of other, more specific theoretical topics, such as the rule of law, the autonomy and taxonomy of private law, the relationships between rights and remedies, and the pluralism and perfectionism that typify private law.

Download or read book A Companion to American Legal History written by Sally E. Hadden and published by John Wiley & Sons. This book was released on 2013-02-22 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

Download or read book The canon of American legal thought written by David Kennedy and published by . This book was released on 2000 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Genesis of Nineteenth Century Civil Codes in the United States written by Julie Rocheton and published by BRILL. This book was released on 2024-03-04 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in Louisiana in the early nineteenth century, this book takes the reader on a journey through the USA and the development of their civil codes. From Georgia and New York, civil codes traveled to California and Dakota Territory; in the Great Plains, they made their way to Montana, North Dakota, and South Dakota by the end of the century. Unveiling the history of nineteenth-century civil codes in the USA, this book examines their origin stories, circulation, and usage by focusing on the social-historical context of their drafting and legal concepts. “Rocheton's work, published four decades after Cook's book on ‘The American Codification Movement,’ contains an exhaustive and insightful analysis of nineteenth-century civil codes. It thoroughly discusses their context, how they were conceived, discussed, drafted and approved, their main foreign influences and content, and their practical operation." - Aniceto Masferrer, University of Valencia “While there is a vast corpus of literature on codification and, more specifically, civil codes in the civil law tradition, it is much less known that six US states codified their private laws during the 19th century. This book tells the fascinating story. Spoiler alert: it’s a family affair.” - Stefan Vogenauer, Max Planck Institute for Legal History and Legal Theory

Download or read book The Fundamental Holmes written by Oliver Wendell Holmes (Jr.) and published by Cambridge University Press. This book was released on 2010-07-19 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first anthology of Oliver Wendell Holmes's writings, speeches, and opinions concerning freedom of expression. Prepared by a noted free speech scholar, the book contains eight original essays designed to situate Holmes's works in historical and biographical context. The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions, and U.S. Supreme Court opinions.

Download or read book Critical Legal Studies written by Richard W Bauman and published by Routledge. This book was released on 2021-11-28 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary legal thought has been powerfully influenced by Critical Legal Studies, a school of legal scholars whose work has sustained a continuing radical critique of established legal doctrines. In this essential reference work, Richard Bauman presents the most thorough, up-to-date guide available for this essential literature. In addition to providing the basic bibliographic information, Bauman offers a set of effective introductions to contextualize and explain the work being surveyed. He has created a fundamental handbook not only for the law but also for politics and radical thought.

Download or read book The Rehnquist Court written by Martin H. Belsky and published by Oxford University Press, USA. This book was released on 2002 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1986, the Supreme Court's leading conservative, William H. Rehnquist was made Chief Justice. Almost immediately, legal scholars, practitioners, and pundits began questioning what his influence would be, and whether he would remake US constitutional corpus in his own image. This collected volume gathers together a distinguished group of scholars, journalists, judges, and practitioners to reflect on the fifteen-year impact of the Rehnquist Court.

Download or read book The Trouble with Culture written by F. Allan Hanson and published by State University of New York Press. This book was released on 2012-02-01 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2007 CHOICE Outstanding Academic Title In this highly original book, anthropologist F. Allan Hanson reveals an entirely unanticipated but vital link between two of the most widely discussed features of contemporary American society: the computer revolution and the culture wars. Hanson argues that the culture wars stem from a divergence in the evolutionary paths of society and culture. Societies have evolved significantly over the last few millennia from small bands of farmers or hunter-gatherers into huge, internally diverse nation-states, while cultures—the closed systems of meanings and symbols that kept small, face-to-face societies together—have failed to keep pace. If cultures became more open, Hanson contends, then the maladaptive rupture between society and culture would be healed and the clashes that currently beset us would be greatly diminished. Interweaving lucid analysis with concrete case studies of common law, education, and other areas of contemporary life, Hanson demonstrates how the widespread use of computers is, in fact, encouraging more originality and open-mindedness, with the potential to ease polarization and calm the culture wars.

Download or read book Rebels in Law written by John Clay Smith and published by University of Michigan Press. This book was released on 2000 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reflections on their lives in law of pioneer black women lawyers

Download or read book The History of Ohio Law written by Michael Les Benedict and published by Ohio University Press. This book was released on 2004 with total page 959 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Two-Volume The History of Ohio Law, distinguished legal historians, practicing Ohio attorneys, and judges present the history of Ohio law and the interaction between law and society in the state. The first history of Ohio law in nearly seventy years - and the most comprehensive compilation of essays on any state's law - its twenty-two topics range from the history of Ohio's constitutional conventions and legal institutions to the history of civil procedure, evidence, land use, civil liberties, and utility regulation. The essays describe Ohio's legal institutions, legal procedures, and the substance of Ohio law as it has changed over time. institutions have affected Ohio law and how the law has affected them. The essays provide important information to practitioners and offer attorneys, legal scholars, historians, and the public a broad understanding of the relationship between law and society in Ohio. intersections between law and race, gender, and labor. Insightful essays also discuss the development of Ohio's legal literature, the impact of federal courts, and Ohio's most important contributions to American constitutional development. Written by twenty-two leading lawyers and historians, The History of Ohio Law will be the indispensable reference and invaluable first source for learning about law and society in Ohio.

Download or read book Blackstone and His Critics written by Anthony Page and published by Bloomsbury Publishing. This book was released on 2018-04-19 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Blackstone's Commentaries on the Laws of England (1765-69) is perhaps the most elegant and influential legal text in the history of the common law. By one estimate, Blackstone has been cited well over 10,000 times in American judicial opinions alone. Prominent in recent reassessment of Blackstone and his works, Wilfrid Prest also convened the Adelaide symposia which have now generated two collections of essays: Blackstone and his Commentaries: Biography, Law, History (2009), and Re-Interpreting Blackstone's Commentaries: A Seminal Text in National and International Contexts (2014). This third collection focuses on Blackstone's critics and detractors. Leading scholars examine the initial reception of the Commentaries in the context of debates over law, religion and politics in eighteenth-century Britain and Ireland. Having shown Blackstone's volumes to be a contested work of the Enlightenment, the remaining chapters assess critical responses to Blackstone on family law, the status of women and legal education in Britain and America. While Blackstone and his Commentaries have been widely lauded and memorialised in marble, this volume highlights the extent to which they have also attracted censure, controversy and disparagement.

Download or read book The Burger Court written by Bernard Schwartz and published by Oxford University Press, USA. This book was released on 1998 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Warren E. Burger served as Chief Justice of the Supreme Court from 1969 to 1987, an often tumultuous period in which the Court wrestled with several compelling constitutional issues. An impressive collection of writings by legal scholars and practitioners, including many by people who worked directly or indirectly with the Court itself. The Burger Court: Counter-Revolution or Confirmation? is the first truly systematic review of the Court's activity during Warren Burger's tenure. Such distinguished contributors as Derrick Bell, Robert Drinan, Anthony Lewis, and Mark Tushnet review individual cases and jurisprudential trends in order to render comprehensive judgments of the Court's accomplishments and shortcomings.

Download or read book Legal Science in the Early Republic written by Steven J. Macias and published by Lexington Books. This book was released on 2016-05-31 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines the intellectual motivations behind the concept of “legal science”—the first coherent American jurisprudential movement after Independence. Drawing mainly upon public, but also private, sources, this book considers the goals of the bar’s professional leaders who were most adamant and deliberate in setting out their visions of legal science. It argues that these legal scientists viewed the realm of law as the means through which they could express their hopes and fears associated with the social and cultural promises and perils of the early republic. Law, perhaps more so than literature or even the natural sciences, provided the surest path to both national stability and international acclaim. While legal science yielded the methodological tools needed to achieve these lofty goals, its naturalistic foundations, more importantly, were at least partly responsible for the grand impulses in the first place. This book first considers the content of legal science and then explores its application by several of the most articulate legal scientists working and writing in the early republic.

Download or read book The Semiotics of Law in Legal Education written by Jan M. Broekman and published by Springer Science & Business Media. This book was released on 2011-07-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 – 2011 at Penn State University’s Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as “sign”, “symbol” or “legal language,” demonstrate how a lawyer’s professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can “say the law,” or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.

Download or read book Civil Liberties and the State written by Christopher Peter Latimer and published by Bloomsbury Publishing USA. This book was released on 2010-12-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers documents and related information pertaining to civil liberties in America, including the debates over arbitrary state action, due process, equal protection, freedom of speech, and privacy issues. The USA PATRIOT Act, the actions and free speech of the Ku Klux Klan, and the use of privately owned devices with GPS by law enforcement are all highly controversial topics that fall under the blanket of civil liberties and federal or state authority—subjects that are important to most Americans. This book provides a comprehensive examination of arbitrary state action post-September 11, 2001, combining detailed examinations of specific legislation with watershed coverage of issues such as freedom of speech, press, and religion as well as various aspects of criminal law and procedure. This text presents documents from Britain, the American colonial period, the Founding period, and the modern era, including recent Supreme Court cases. The author provides an accompanying analysis of each document, providing insightful historical context and ramifications of the decisions and the laws passed.