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Book Between Truth and Power

    Book Details:
  • Author : Julie E. Cohen
  • Publisher : Oxford University Press
  • Release : 2019
  • ISBN : 0190246693
  • Pages : 377 pages

Download or read book Between Truth and Power written by Julie E. Cohen and published by Oxford University Press. This book was released on 2019 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.

Book The Yale Law Journal

Download or read book The Yale Law Journal written by and published by . This book was released on 1892 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Words That Made Us

    Book Details:
  • Author : Akhil Reed Amar
  • Publisher : Basic Books
  • Release : 2021-05-04
  • ISBN : 0465096360
  • Pages : 816 pages

Download or read book The Words That Made Us written by Akhil Reed Amar and published by Basic Books. This book was released on 2021-05-04 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.

Book Yale Law Journal  Volume 125  Number 7   May 2016

Download or read book Yale Law Journal Volume 125 Number 7 May 2016 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2016-06-22 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This issue of the Yale Law Journal include these contents: • Essay, "Fiduciary Political Theory: A Critique," by Ethan J. Leib and Stephen R. Galoob • Note, "The Modification of Decrees in the Original Jurisdiction of the Supreme Court," by James G. Mandilk In addition, the issue includes an extensive collection of Features by leading scholars, entitled "A Conversation on Title IX," growing out of an event sponsored by the Journal. Contributors include Michelle J. Anderson, Adele P. Kimmel, Catharine A. MacKinnon, Dana Bolger, Zoe Ridolfi-Starr, and Alyssa Peterson & Olivia Ortiz. Subjects of these essays include institutional liability, costs of liability and schools' financial obligations, transparency in campus reporting, adjudicative processes, and using Title IX for preventing the bullying of LGBT students. This is the seventh issue of academic year 2015-2016. Quality formatting includes linked notes and an active Table of Contents (including linked Contents for individual articles), as well as active URLs in footnotes and proper Bluebook style.

Book 51 Imperfect Solutions

    Book Details:
  • Author : Judge Jeffrey S. Sutton
  • Publisher : Oxford University Press
  • Release : 2018-05-07
  • ISBN : 0190866063
  • Pages : 288 pages

Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.

Book The Case for Same sex Marriage

Download or read book The Case for Same sex Marriage written by William N. Eskridge and published by . This book was released on 1996 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third, same-sex marriage would help civilize America. A civilized polity assures equality for all its citizens. Without full access to the institutions of civic life, gays and lesbians cannot be full participants in the American experience. Gays and lesbians love their country, and have contributed in every way to its flourishing.

Book Yale Law Journal  Volume 124  Number 3   December 2014

Download or read book Yale Law Journal Volume 124 Number 3 December 2014 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2014-12-18 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: The December 2014 issue of The Yale Law Journal (the 3rd of academic year 2014-2015) features new articles on law and legal theory by internationally recognized scholars. Contents include: • Article, "The Limits of Enumeration," by Richard Primus • Article, "Rules Against Rulification," by Michael Coenen • Feature, "Romanticizing Democracy, Political Fragmentation, and the Decline of American Government," by Richard H. Pildes • Note, "A 'Full and Fair' Discussion of Environmental Impacts in NEPA EISs: The Case for Addressing the Impact of Substantive Regulatory Regimes," by Sarah Langberg • Note, "Civil Servant Suits," by Alex Hemmer • Comment, "Jagged Edges," by Matthew Sipe • Comment, "Essential Data," by Zachary Abrahamson This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. The Dec. 2014 issue is Volume 124, Number 3.

Book The Canon of American Legal Thought

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 925 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.

Book Yale Law School and the Sixties

    Book Details:
  • Author : Laura Kalman
  • Publisher : Univ of North Carolina Press
  • Release : 2006-05-18
  • ISBN : 9780807876886
  • Pages : 488 pages

Download or read book Yale Law School and the Sixties written by Laura Kalman and published by Univ of North Carolina Press. This book was released on 2006-05-18 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with Yale's past and with the social climate in which they lived. During a charged moment in the history of the United States, activists challenged senior professors, and the resulting clash pitted young against old in a very human story. By demanding changes in admissions, curriculum, grading, and law practice, Laura Kalman argues, these students transformed Yale Law School and the future of American legal education. Inspired by Yale's legal realists of the 1930s, Yale law students between 1967 and 1970 spawned a movement that celebrated participatory democracy, black power, feminism, and the counterculture. After these students left, the repercussions hobbled the school for years. Senior law professors decided against retaining six junior scholars who had witnessed their conflict with the students in the early 1970s, shifted the school's academic focus from sociology to economics, and steered clear of critical legal studies. Ironically, explains Kalman, students of the 1960s helped to create a culture of timidity until an imaginative dean in the 1980s tapped into and domesticated the spirit of the sixties, helping to make Yale's current celebrity possible.

Book Our Undemocratic Constitution

    Book Details:
  • Author : Sanford Levinson
  • Publisher : Oxford University Press
  • Release : 2008
  • ISBN : 0195365577
  • Pages : 260 pages

Download or read book Our Undemocratic Constitution written by Sanford Levinson and published by Oxford University Press. This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Levinson argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values. "Admirably gutsy and unfashionable." --Michael Kinsley, The New York Times "Bold, bracingly unromantic, and filled with illuminating insights. He accomplishes an unlikely feat, which is to make a really serious argument for a new constitutional convention, one that is founded squarely on democratic ideals." --Cass R. Sunstein, The New Republic "Everyone who cares about how our government works should read this thoughtful book." --Washington Lawyer

Book The Ideological Origins of American Federalism

Download or read book The Ideological Origins of American Federalism written by Alison L. LaCroix and published by Harvard University Press. This book was released on 2011-10-15 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting of the Constitution, but the story began decades before the delegates met in Philadelphia. In this groundbreaking book, Alison LaCroix traces the history of American federal thought from its colonial beginnings in scattered provincial responses to British assertions of authority, to its emergence in the late eighteenth century as a normative theory of multilayered government. The core of this new federal ideology was a belief that multiple independent levels of government could legitimately exist within a single polity, and that such an arrangement was not a defect but a virtue. This belief became a foundational principle and aspiration of the American political enterprise. LaCroix thus challenges the traditional account of republican ideology as the single dominant framework for eighteenth-century American political thought. Understanding the emerging federal ideology returns constitutional thought to the central place that it occupied for the founders. Federalism was not a necessary adaptation to make an already designed system work; it was the system. Connecting the colonial, revolutionary, founding, and early national periods in one story reveals the fundamental reconfigurations of legal and political power that accompanied the formation of the United States. The emergence of American federalism should be understood as a critical ideological development of the period, and this book is essential reading for everyone interested in the American story.

Book Yale Law Journal  Volume 125  Number 8   June 2016

Download or read book Yale Law Journal Volume 125 Number 8 June 2016 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2016-07-20 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Yale Law Journal  Volume 122  Number 2   November 2012

Download or read book Yale Law Journal Volume 122 Number 2 November 2012 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2012-11-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the world's leading law journals is available in quality ebook formats for devices and apps. This issue of The Yale Law Journal (the second issue of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory, and in particular examines: the language of rights even before the expansion of welfare in the 1960s (Karen Tani), impartiality and its limits (Adrian Vermeule), and constitutional law and judicial capacity (Andrew Coan). The issue also features substantial student contributions on bankruptcy-proof financing, as well as recoupment from financial executives under Dodd-Frank. Ebook formatting includes linked notes and active Contents (including linked tables for individual articles and essays), as well as active URLs in notes and properly presented tables.

Book Plea Bargaining   s Triumph

    Book Details:
  • Author : George Fisher
  • Publisher : Stanford University Press
  • Release : 2003
  • ISBN : 9780804751353
  • Pages : 424 pages

Download or read book Plea Bargaining s Triumph written by George Fisher and published by Stanford University Press. This book was released on 2003 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.

Book Yale Law Journal  Volume 121  Number 6   April 2012

Download or read book Yale Law Journal Volume 121 Number 6 April 2012 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2012-04-26 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the world's leading law journals is available in quality ebook formats; such editions include active Contents for the issue and for individual articles, linked footnotes, linked cross-references in notes and text, active URLs in notes, and proper digital presentation from the original bound edition. This issue of The Yale Law Journal (the 6th issue of Volume 121, academic year 2011-2012) features articles and essays by several notable scholars. Principal contributors include Daryl Levinson (on votes and rights), Michelle Wilde Anderson (on dissolving cities), and Patricia Bella (on WikiLeaks and national security). The issue also features student contributions on elected prosecutors in legal history and on execution of the mentally retarded as an issue under section 1983 civil rights law.

Book Yale Law Journal  Volume 123  Number 2   November 2013

Download or read book Yale Law Journal Volume 123 Number 2 November 2013 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2013-11-15 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This November issue of The Yale Law Journal (the second of Volume 123, academic year 2013-2014) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: * Article, "Leviathan and Interpretive Revolution: The Administrative State, the Judiciary, and the Rise of Legislative History, 1890-1950," by Nicholas R. Parrillo * Essay, "Reconsidering Citizens United as a Press Clause Case," Michael W. McConnell * Note, "The Mens Rea of Accomplice Liability: Supporting Intentions" * Comment, "A First Amendment Approach to Generic Drug Manufacturer Tort Liability" * Comment, "The EU General Data Protection Regulation: Toward a Property Regime for Protecting Data Privacy" Quality ebook formatting includes fully linked footnotes, active Table of Contents (including linked Contents for individual articles), active URLs in notes, and properly presented tables and graphs throughout.

Book Yale Law Journal  Volume 122  Number 3   December 2012

Download or read book Yale Law Journal Volume 122 Number 3 December 2012 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2013-01-16 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the world's leading law journals is available in quality ebook formats. This issue of The Yale Law Journal (the third of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: • John H. Langbein, "The Disappearance of Civil Trial in the United States" • Daniel E. Ho, "Fudging the Nudge: Information Disclosure and Restaurant Grading" • Saul Levmore & Ariel Porat, "Asymmetries and Incentives in Plea Bargaining and Evidence Production" The issue also includes extensive student research on targeted killings of international outlaws, Confrontation Clause jurisprudence as implemented in lower courts, and the implied license doctrine of copyright law as applied to news aggregators. Ebook formatting includes linked footnotes and an active Table of Contents (including linked Tables of Contents for all individual articles and essays), as well as active URLs in notes and extensive tables, and properly presented figures and tables.