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Book The Law of Judicial Precedent

Download or read book The Law of Judicial Precedent written by Bryan A. Garner and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.

Book Precedents and Case Based Reasoning in the European Court of Justice

Download or read book Precedents and Case Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Book Dead Precedents

    Book Details:
  • Author : Roy Christopher
  • Publisher : Watkins Media Limited
  • Release : 2019-03-19
  • ISBN : 1912248352
  • Pages : 288 pages

Download or read book Dead Precedents written by Roy Christopher and published by Watkins Media Limited. This book was released on 2019-03-19 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The story of how hip-hop created, and came to dominate, the twenty-first century. In Dead Precedents, Roy Christopher traces the story of how hip-hop invented the twenty-first century. Emerging alongside cyberpunk in the 1980s, the hallmarks of hip-hop - allusion, self-reference, the use of new technologies, sampling, the cutting and splicing of language and sound - would come to define the culture of the new millennium. Taking in the groundbreaking work of DJs and MCs, alongside writers like Dick and Gibson, as well as graffiti and DIY culture, Dead Precedents is a counter-culture history of the twentieth century, showcasing hip-hop's role in the creation of the world we now live in.

Book Precedents in Architecture

Download or read book Precedents in Architecture written by Roger H. Clark and published by John Wiley & Sons. This book was released on 2012-02-15 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: PRECEDENTS IN ARCHITECTURE A TIMELY UPDATE OF THE ARCHITECTURAL CLASSIC ON DESIGN ANALYSIS Precedents in Architecture, Fourth Edition provides a vocabulary for architectural analysis that illuminates the works of leading architects and aids architects and designers in creating their own designs. Thirty-eight leading architects are represented in this updated edition through an analysis of more than 100 buildings that are assessed using a diagrammatic technique applicable to any building. This impressive collection includes fourteen new buildings and seven new, innovative architects distinguished by the strength, quality, and interest of their designs. It delivers valuable guidance in analyzing architectural history as an evolutionary process by exploring the commonality of design ideas reflected in a broad range of structures by internationally renowned architects. Both novices and seasoned professionals will find Precedents in Architecture, Fourth Edition to be a very useful tool for enriching their design vocabulary and for the ongoing assessment of buildings found in today’s evolving landscape.

Book Equity Practice and Precedents

Download or read book Equity Practice and Precedents written by Edmund Thomas Finnane and published by . This book was released on 2018-11-23 with total page 849 pages. Available in PDF, EPUB and Kindle. Book excerpt: Equity Practice and Precedents Second Edition is a guide to practice in equity in New South Wales. It outlines the essential principles of a broad range of equitable and statutory remedies associated with the equity jurisdiction. This work provides many essential precedents for these remedies, both in the book and available as online downloads. Part 1 of the book provides a thorough analysis of the jurisdiction of various State and Federal courts and tribunals to grant the remedies dealt with in the book. In Part 2, each remedy or area of statutory relief is discussed in detail, with a practical outline of the principles and practice, and a comprehensive set of precedents. In this updated and revised Second Edition a wide range of areas of law and practice are covered, including: Equitable remedies such as injunctions, specific performance and rectification. Various aspects of insolvency and corporate law (including winding up, administration and shareholders' remedies). Property law (including the Conveyancing Act and Real Property Act), family provision applications, Property (Relationships) Act and related equitable remedies. Statutory unconscionability provisions such as ss 21 and 22 of the Australian Consumer Law Importantly, five entirely new chapters have been added. These new chapters address: Declaratory relief. Proprietary claims in equity. Mortgages and charges affecting land. Probate litigation. Applications in a winding up. Equity Practice and Precedents Second Edition has come to be regarded as an indispensable tool, consistently sought out by barristers and solicitors practising in equity.

Book Precedent in the United States Supreme Court

Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters and published by Springer Science & Business Media. This book was released on 2014-02-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

Book Without Precedent

Download or read book Without Precedent written by Joel Richard Paul and published by Penguin. This book was released on 2019-02-19 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman⁠—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

Book The Politics of Precedent on the U S  Supreme Court

Download or read book The Politics of Precedent on the U S Supreme Court written by Thomas G. Hansford and published by Princeton University Press. This book was released on 2018-06-05 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

Book The Power of Precedent

    Book Details:
  • Author : Michael J. Gerhardt
  • Publisher : Oxford University Press
  • Release : 2011
  • ISBN : 0199795797
  • Pages : 353 pages

Download or read book The Power of Precedent written by Michael J. Gerhardt and published by Oxford University Press. This book was released on 2011 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.

Book America s Unwritten Constitution

Download or read book America s Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Book Handbook on the Law of Judicial Precedents

Download or read book Handbook on the Law of Judicial Precedents written by Henry Campbell Black and published by . This book was released on 1912 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Clark s Publishing Agreements

Download or read book Clark s Publishing Agreements written by Lynette Owen and published by . This book was released on 2022 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Clark's Publishing Agreements has long been the 'must have' legal resource for the publishing industry. This comprehensive book provides 24 model agreements, from author agreements, to merchandising rights to online licensing to ebook distribution to text and data mining. It includes a "Legal Developments" introduction giving an overview of existing and forthcoming legislation (UK and international). It also covers new initiatives undertaken by the industry and acts as an essential checklist for industry professionals. The impact of these developments have been updated in the precedents, their accompanying notes and appendices. It also includes an "Introduction to Electronic Precedents" which highlights the continuing developments in the field of technology and their impact on licensing practice and contractual wording. For the eleventh edition all the precedents, explanatory notes and appendices have been thoroughly revised to take account of the latest developments including: - Coverage of podcasts - Inclusion of a new precedent on Open Access book author agreements - Coverage of audio deals, including arrangements with narrators - Precedent for a ghostwriter Whether an experienced drafter of publishing agreements or new to the industry Clark's Publishing Agreements will prove invaluable in ensuring that your publishing agreements are expertly and effectively drafted. This book comes with an electronic download of the precedents for you to adapt and use in your contracts. On purchase, you will be provided with a code and a web link from which the precedents can be downloaded in a generic format such as *.doc which will be compatible with all operating systems."--

Book Settled Versus Right

    Book Details:
  • Author : Randy J. Kozel
  • Publisher : Cambridge University Press
  • Release : 2017-06-06
  • ISBN : 110712753X
  • Pages : 191 pages

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.

Book Interpreting Statutes

    Book Details:
  • Author : D. Neil MacCormick
  • Publisher : Routledge
  • Release : 2016-12-05
  • ISBN : 1351926381
  • Pages : 509 pages

Download or read book Interpreting Statutes written by D. Neil MacCormick and published by Routledge. This book was released on 2016-12-05 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a work of outstanding importance for scholars of comparative law and jurisprudence and for lawyers engaged in EC law or other international forms of practice. It reviews, compares and analyses the practice of interpretation in nine countries representing Europe as well as the US and Argentina in common and civil law; it also explores implications for general theories of interpretation and of justification. Its authors, who include Aulis Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro, Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors Robert S. Summers and D. Neil MacCormick, constitute an international team of great distinction; they have worked on this project for over seven years.

Book Material Precedent

    Book Details:
  • Author : G. P. Borden
  • Publisher : John Wiley & Sons
  • Release : 2010-03-22
  • ISBN : 0470477296
  • Pages : 480 pages

Download or read book Material Precedent written by G. P. Borden and published by John Wiley & Sons. This book was released on 2010-03-22 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, richly illustrated catalog focusing on materials used in great twentieth-century architecture Viewed primarily in technical terms pertaining to construction, material has often been overlooked in the discourse on architectural design. Yet, it is material that breathes life into architecture by realizing concepts into meaningful physical forms. Whether it is wood, glass, steel, plastic, or concrete, material can be employed with unlimited flexibility and carries both visual and emotional characteristics through its expression. The first book of its kind to focus on materiality from a design perspective, Material Precedent is masterfully presented, with an impressive collection of crisp line drawings along with historical, material, tectonic, and typological analysis of twentieth-century buildings, providing readers with detailed instruction that traces the traditions and trends of material as the defining premise in the making of architecture. This unrivaled text: Is illustrated throughout with detailed line drawings Is perfect for use in a design studio or simply for understanding the role of materials in buildings, for a designer of any level Includes a companion Web site By cataloging and comparing the concepts behind modern building science using architectural precedent, Material Precedent examines structure, form, effect, detail, sustainability, and performance through material application to provide a comprehensive analysis of the materiality of architecture.

Book Without Precedent

Download or read book Without Precedent written by Anna R. Hayes and published by Univ of North Carolina Press. This book was released on 2009-06-01 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first woman judge in the state of North Carolina and the first woman in the United States to be elected chief justice of a state supreme court, Susie Marshall Sharp (1907-1996) broke new ground for women in the legal profession. When she retired in 1979, she left a legacy burnished by her tireless pursuit of lucidity in the law, honesty in judges, and humane conditions in prisons. Anna Hayes presents Sharp's career as an attorney, distinguished judge, and politician within the context of the social mores, the legal profession, and the political battles of her day, illuminated by a careful and revealing examination of Sharp's family background, private life, and personality. Judge Sharp was viewed by contemporaries as the quintessential spinster, who had sacrificed marriage and family life for a successful career. The letters and journals she wrote throughout her life, however, reveal that Sharp led a rich private life in which her love affairs occupied a major place, unsuspected by the public or even her closest friends and family. With unrestricted access to Sharp's abundant journals, papers, and notes, Anna Hayes uncovers the story of a brilliant woman who transcended the limits of her times, who opened the way for women who followed her, and who improved the quality of justice for the citizens of her state. Without Precedent also tells the story of a complicated woman, at once deeply conservative and startlingly modern, whose intriguing self-contradictions reflect the complexity of human nature.

Book Parker s Will Precedents

    Book Details:
  • Author : Richard Dew
  • Publisher : Bloomsbury Publishing
  • Release : 2017-06-29
  • ISBN : 1784518824
  • Pages : 460 pages

Download or read book Parker s Will Precedents written by Richard Dew and published by Bloomsbury Publishing. This book was released on 2017-06-29 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parker's Will Precedents provides private client solicitors and professional will draftsmen with a thorough understanding and working knowledge of the will drafting process and, as a result, the ability to draft better wills. It provides:- A comprehensive collection of precedents aimed at anyone who needs to draft wills - A variety of precedents for individual clauses as well as a set of complete wills catering for different scenarios - An emphasis on clarity, practicality and simplicity, so you can quickly draft legally sound wills for a variety of circumstances - Notes and guidance on drafting and additional materials, including letters, support materials and extracts from relevant legislation The ninth edition includes coverage of the Residential Nil Rate Band (changing from April 2017) as well as new chapter on flexible life interest trusts and EC Succession Regulation.This book comes with an electronic download of the precedents, for you to adapt and use in your contracts. On purchase, you will be provided with a code and a web link from which the precedents can be downloaded in a generic format such as *.doc which will be compatible with all operating systems.