Download or read book Why the Haves Come Out Ahead written by Marc Galanter and published by Quid Pro Books. This book was released on 2014-09-15 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced “repeat players” and inexperienced “one shotters” in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actor’s frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the “majestic equality” of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American society. He provides a penetrating analysis of the limitations and possibilities of courts as the source and engine of large-scale social change. Galanter’s influential article is now available in a convenient, affordable, and assignable book (in print and ebooks), with a new introduction by the author that explains the origins and aftermath of the original work. In addition, it features his 2006 article applying the original thesis to real-world dilemmas in legal structure and consequence today. The collection also adds a new Foreword by Shauhin Talesh of the University of California-Irvine and a new Afterword by Robert Gordon of Stanford. As Gordon points out, “The great contribution of the article was that it went well beyond local and contingent political explanations to locate obstacles to social reform and redistributive policies in the institutional structure of the legal system itself.” Gordon details ways in which Galanter’s prophesies have come true and even worsened over four decades. Talesh catalogs the article’s place in legal lore: “seminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy.” Talesh introduces how repeat players gain advantages in the legal system and how “Galanter set out an important agenda for legal scholars, sociologists, political scientists, and economists. In short, “every law and legal studies student should be required to read the article because it contextualizes the procedural system as something more than a set of rules that should be memorized and mechanically applied.” A powerful new addition to the Classics of Law & Society Series by Quid Pro Books. Features active contents, linked notes, active URLs, and linked Index.
Download or read book In Litigation written by Herbert M. Kritzer and published by Stanford University Press. This book was released on 2003 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects in a single volume Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," with ten contemporary articles about Galanter's theory. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work.
Download or read book Law and Society in Modern India written by Marc Galanter and published by Oxford University Press, USA. This book was released on 1992 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though "modern Indian law" is actually of Western origin, Galanter here contends that independent India has accepted this mid-twentieth century legal system intellectually and institutionally. His thirteen articles, covering a wide range of issues in Indian society, explore the operation of modern Indian law and explicate the ways in which a complex body of formal law accommodates and adjusts itself to local conditions to which it is alien.
Download or read book Why the haves Come Out Ahead written by Marc Galanter and published by . This book was released on 1974 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Download or read book Why the haves Come Out Ahead written by Marc Galanter and published by . This book was released on 1972 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cult of the Constitution written by Mary Anne Franks and published by Stanford University Press. This book was released on 2019-05-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A powerful challenge to the prevailing constitutional orthodoxy of the right and the left . . . A deeply troubling and absolutely vital book” (Mark Joseph Stern, Slate). In this provocative book, Mary Anne Franks examines the thin line between constitutional fidelity and constitutional fundamentalism. The Cult of the Constitution reveals how deep fundamentalist strains in both conservative and liberal American thought keep the Constitution in the service of white male supremacy. Franks demonstrates how constitutional fundamentalists read the Constitution selectively and self-servingly, thus undermining the integrity of the document as a whole. She goes on to argue that economic and civil libertarianism have merged to produce a deregulatory, “free-market” approach to constitutional rights that achieves fullest expression in the idealization of the Internet. The fetishization of the first and second amendments has blurred the boundaries between conduct and speech and between veneration and violence. But the Constitution itself contains the antidote to fundamentalism. The Cult of the Constitution lays bare the dark, antidemocratic consequences of constitutional fundamentalism and urges readers to take the Constitution seriously, not selectively.
Download or read book The Law and Society Reader II written by Erik Larson and published by NYU Press. This book was released on 2014 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and society scholars challenge the common belief that law is simply a neutral tool by which society sets standards and resolves disputes. Decades of research shows how much the nature of communities, organizations, and the people inhabiting them affect how law works. Just as much, law shapes beliefs, behaviors, and wider social structures, but the connections are much more nuancedOCoand surprisingOCothan many expect. Law and Society Reader II provides readers an accessible overview to the breadth of recent developments in this research tradition, bringing to life the developments in this dynamic field. Following up a first Law and Society Reader published in 1995, editors Erik W. Larson and Patrick D. Schmidt have compiled excerpts of 43 illuminating articles published since 1993 in The Law & Society Review, the flagship journal of the Law and Society Association. By its organization and approach, this volume enables readers to join in discussing the key ideas of law and society research. The selections highlight the core insights and developments in this research tradition, making these works indispensable for those exploring the field and ideal for classroom use. Across six concisely-introduced sections, this volume analyzes inequality, lawyering, the relation between law and organizations, and the place of law in relation to other social institutions."
Download or read book The New Lawyer written by Julie Macfarlane and published by UBC Press. This book was released on 2008-05-20 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today’s justice system and the legal profession have rendered the “lawyer-warrior” notion outdated, shifting toward conflict resolution rather than protracted litigation. The new lawyer’s skills go beyond court battles to encompass negotiation, mediation, collaborative practice, and restorative justice. In The New Lawyer, Julie Macfarlane explores the evolving role of practitioners, articulating legal and ethical complexities in a variety of contexts. The result is a thought-provoking exploration of the increasing impact of alternative strategies on the lawyer-client relationship, as well as on the legal system itself.
Download or read book The Solicitor General and the United States Supreme Court written by Ryan C. Black and published by Cambridge University Press. This book was released on 2012-04-30 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process.
Download or read book Health as a Human Right written by Octávio Luiz Motta Ferraz and published by Cambridge University Press. This book was released on 2020-12-17 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: An in-depth critical analysis of the effects of the right to health in Brazil over the past thirty years.
Download or read book Discussions in Dispute Resolution written by Art Hinshaw and published by Oxford University Press. This book was released on 2021 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
Download or read book Cause Lawyers and Social Movements written by Austin Sarat and published by Stanford University Press. This book was released on 2006 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cause Lawyers and Social Movements seeks to reorient scholarship on cause lawyers, inviting scholars to think about cause lawyering from the perspective of those political activists with whom cause lawyers work and whom they seek to serve. It demonstrates that while all cause lawyering cuts against the grain of conventional understandings of legal practice and professionalism, social movement lawyering poses distinctively thorny problems. The editors and authors of this volume explore the following questions: What do cause lawyers do for, and to, social movements? How, when, and why do social movements turn to and use lawyers and legal strategies? Does their use of lawyers and legal strategies advance or constrain the achievement of their goals? And, how do movements shape the lawyers who serve them and how do lawyers shape the movements?
Download or read book Law and the Modern Mind written by Jerome Frank and published by Routledge. This book was released on 2017-07-12 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
Download or read book Law and the New Developmental State written by David M. Trubek and published by Cambridge University Press. This book was released on 2013-05-31 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence of a new developmental state in Latin America and its significance for law and development theory. In Brazil since 2000, emerging forms of state activism, including a new industrial policy and a robust social policy, differ from both classic developmental state and neoliberal approaches. They favor a strong state and a strong market, employ public-private partnerships, seek to reduce inequality, and embrace the global economy. Case studies of state activism and law in Brazil show new roles emerging for legal institutions. They describe how the national development bank uses law in innovation promotion, trade law strengthens new developmental policies in export promotion and public health, and social law frames innovative poverty-relief programs that reduce inequality and stimulate demand. Contrasting Brazilian experience with Colombia and Mexico, the book underscores the unique features of Brazil's trajectory and the importance of this experience for understanding the role of law in development today.
Download or read book Law and Social Movements written by Michael McCann and published by Routledge. This book was released on 2017-07-05 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group ?legal mobilization? politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in ?cause lawyering?. It brings together the best of this research introduced by a detailed essay by the editor.
Download or read book Just Words written by John M. Conley and published by University of Chicago Press. This book was released on 2019-05-10 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.
