Download or read book Shaping the Common Law written by and published by Stanford University Press. This book was released on 2008-07-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection discusses the contributions of great common-law jurists and singular documents - namely the Magna Carta and the Laws and Liberties of Massachusetts - that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less-known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale.
Download or read book Shaping the Common Law written by Thomas Garden Barnes and published by Stanford Law Books. This book was released on 2008 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a series of fifteen vivid essays, this book discusses the contributions of great common-law jurists and singular documents--namely the Magna Carta and the Laws and Liberties of Massachusetts--that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale. Across the essays, the jurists' personalities are given voice, the context of time and events made clear, and the continuing impact of the texts emphasized. Taken as a whole, the book offers a simple reverence for the achievements of these men and law books and a deep respect for the role historical events have played in the development of the common law.
Download or read book Apex Courts and the Common Law written by Paul Daly and published by University of Toronto Press. This book was released on 2019-04-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.
Download or read book The Common Law written by Oliver Wendell Holmes and published by DigiCat. This book was released on 2022-09-15 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: DigiCat Publishing presents to you this special edition of "The Common Law" by Oliver Wendell Holmes. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by . This book was released on 2008 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Download or read book Antitrust Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2003-03-27 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface p. xi 1 Economics p. 1 I. Definitions p. 1 II. Perfect Competition Versus Monopoly p. 9 III. Further Topics p. 21 2 Law and Policy p. 27 I. Some Interpretation Issues p. 28 II. Enacting the Antitrust Law p. 30 III. What Should Antitrust Law Aim to Do? p. 40 3 Enforcement p. 43 I. Optimal Enforcement Theory p. 43 II. Enforcement Provision of the Antitrust Laws p. 47 Appendix p. 64 4 Cartels p. 68 I. Cartels p. 68 II. Conscious Parallelism p. 73 III. Conclusion p. 89 5 Development of Section 1 Doctrine p. 90 I. The Sherman Act Versus the Common Law p. 90 II. Rule of Reason and Per-Se Rule p. 104 III. Conclusion p. 112 6 Rule of Reason and Per-Se Rule p. 113 I. The Case for Price Fixing p. 113 II. Per-Se and Rule of Reason Analysis: Further Developments p. 116 III. Per-Se Versus Rule of Reason Tests: Understanding the Supreme Court's Justification for the Per-Se Rule p. 129 7 Agreement p. 132 I. The Development of Inference Doctrine p. 133 II. Rejection of Unilateral Contract Theory p. 140 8 Facilitating Mechanisms p. 144 I. Data Dissemination Cases p. 145 II. Basing Point Pricing and Related Practices p. 154 III. Basing Point Pricing: Economics p. 160 9 Boycotts p. 166 I. Pre-Socony p. 166 II. Post-Socony p. 170 III. Post-BMI/Sylvania p. 181 IV. Conclusion p. 184 10 Monopolization p. 186 I. Development of Section 2 Doctrine p. 186 II. Leveraging and Essential Facility Cases p. 202 III. Predatory Pricing p. 212 IV. Conclusion p. 228 11 Power p. 230 I. Measuring Market Power p. 230 II. Determinants of Market Power p. 235 III. Substitutability and the Relevant Market: Cellophane p. 237 IV. Multimarket Monopoly and the Relevant Market: Alcoa p. 239 V. Measuring Power: Guidelines p. 243 12 Attempts p. 244 I. The Swift Formula and Modern Doctrine p. 244 II. Dangerous Probability Requirement p. 248 13 Vertical Restraints p. 252 I. Resale Price Maintenance p. 252 II. Vertical Nonprice Restraints p. 262 III. Manufacturer Retains Title p. 267 IV. Agreement p. 270 14 Tying and Exclusive Dealing p. 279 I. Introduction p. 279 II. Early Cases p. 284 III. Development of Per-Se Rule p. 286 IV. Tension Between Rule of Reason Arguments and Per-Se Rule p. 295 V. Technological Tying p. 301 VI. Exclusive Dealing p. 303 Appendix p. 307 15 Horizontal Mergers p. 311 I. Reasons for Merging and Implications for Law p. 311 II. Horizontal Merger Law p. 317 III. Conclusion p. 330 Appendix p. 330 16 Mergers, Vertical and Conglomerate p. 333 I. Vertical Mergers p. 333 II. Conglomerate Mergers p. 344 III. Concluding Remarks p. 351 17 Antitrust and the State p. 352 I. Noerr-Pennington Doctrine p. 354 II. Parker Doctrine p. 371 III. Some Final Comments: Error Costs and Immunity Doctrines p. 375 Index p. 379.
Download or read book Common law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Download or read book English Common Law in the Early American Colonies 1899 written by Paul Samuel Reinsch and published by . This book was released on 2008-06-01 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Download or read book Common Law and Enlightenment in England 1689 1750 written by Julia Rudolph and published by . This book was released on 2013 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book demonstrates how the 'common law mind' was able to meet the various challenges posed by Enlightenment rationalism and civic and commercial discourse, revealing that the common law played a much wider role beyond the legal world in shaping Enlightenment concepts.
Download or read book Law Professors written by Stephen B. Presser and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "There is no nation in which the teachers of law play a more prominent role than in the United States. In this unique volume Stephen Presser, a law professor for four decades, explains how his colleagues have both furthered and frustrated the American ideals that ours is a government of laws not men, and that our legal system ought to promote justice for all. In a dazzling review of three centuries of teaching about American law, from Blackstone to Barack Obama, Presser shows how these extraordinary men and women shaped not only our law, but also our politics and culture"--Publisher's website.
Download or read book Controversies in the Common Law written by Vanessa Gruben and published by University of Toronto Press. This book was released on 2022-10-03 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
Download or read book The Making of the Common Law written by Paul Brand and published by Bloomsbury Continuum. This book was released on 1992 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of the Common Law is not just a history of legal doctrine. It is also the history of the courts where that doctrine was shaped and of the lawyers, judges and clerks who ran the courts and made and applied legal rules in particular cases. This book, which brings together both published and unpublished essays, reflects this broader understanding of legal history. It complements the author's The Origins of the English Legal Profession. Paul Brand describes the early history of the legal profession in both England and Ireland and uncovers fresh evidence on the beginnings of professional education. He reevaluates the significance of major changes in the organisation of the English courts in Henry II's reign and the transformation of the English judiciary which took place during the second half of the thirteenth century, periods of key importance in the shaping of the English legal system. Other essays review the contribution made to legal literature by Ralph de Hengham, the best known royal judge of the reign of Edward I, and shed new light on the life and times of Thomas Weyland, 'chief justice and felon'. An essay on the twelfth-century origins of English land law provides a critical introduction to the work of S.F.C. Milsom for the non-specialist. Different mechanisms of legal change at work in the thirteenth century are examined in studies of the drafting of legislation, on the modification of Common Law remedies for unjust distraint of tenants by their lords and on the introduction of controls on alienations in mortmain.
Download or read book The Genius of the Common Law written by Frederick Pollock and published by . This book was released on 1912 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Revolution and Evolution in Private Law written by Andrew Robertson and published by . This book was released on 2018 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by Routledge. This book was released on 2018-04-24 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of the Common Law is one of Roscoe Pound's most notable works. It contains the brilliant lectures he delivered at Dartmouth College in the summer of 1921. It is a seminal book embodying the spiritual essence of sociological jurisprudence by its leading prophet. This work is both a celebration of the common law and a warning for common law judges and lawyers to return to and embrace the pragmatism and judicial empiricism that define and energize the common law. The two fundamental doctrines of the common law, Pound writes, are the doctrine of precedents and the doctrine of supremacy of law.In an earlier preface, Justice Arthur J. Goldberg writes that The Spirit of the Common Law will always be treasured by judges and lawyers for its philosophy and history, but more importantly for Roscoe Pound's optimism and faith in the capacity of law to keep up with the times without sacrificing fundamental values. It is a faith built upon the conviction that the present is not to be divorced from the past, but rather that the past and the present are to be built upon to make a better future. Neil Hamilton and Mathias Alfred Jaren provide a biographical introduction to the book. They discuss the various influences upon Pound's scholarly pursuits and they analyze many of his writings that led up to The Spirit of the Common Law. This volume is a necessary addition to the libraries of legal scholars and professionals, sociologists, and philosophers.
Download or read book The Expansion of the Common Law written by Frederick Pollock and published by . This book was released on 1904 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
