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Adjudication and Its Alternatives: An Introduction to Procedure by Owen M. Fiss
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A History of American Law
Lawrence M. Friedman - 1973
Friedman tells the whole fascinating story of American law from its beginnings in the colonies to the present day. By showing how close the life of the law is to the economic and political life of the country, he makes a complex subject understandable and engrossing. A History of American Law presents the achievements and failures of the American legal system in the context of America's commercial and working world, family practices, and attitudes toward property, government, crime, and justice. Now completely revised and updated, this groundbreaking work incorporates new material regarding slavery, criminal justice, and twentieth-century law. For laymen and students alike, this remains the only comprehensive authoritative history of American law.
The Morality of Law
Lon L. Fuller - 1965
Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor. In the revised edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression. “The volume must be regarded as an important contribution of general interest to the study of the nature and function of law…Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for the thought…his book deserves to reach a very wide audience.” – Law Times.“The book is a provocative one which is certain to excite much academic comment here and abroad.” – Harvard Law Record.“Although fully intelligible to the undergraduate, this book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.” – Choice
Taking the Stand: My Life in the Law
Alan M. Dershowitz - 2013
Alan Dershowitz, the Felix Frankfurter Professor of Law at Harvard University, and the author of such acclaimed bestsellers as Chutzpah, The Best Defense, and Reversal of Fortune, for the first time recounts his legal biography, describing his struggles academically at Yeshiva High School growning up in Williamsburg, Brooklyn, his successes at Yale, clerking for Supreme Court Justice Arthur Goldberg, his appointment to full professor at the Harvard at age 28, the youngest in the school's history. Dershowitz went on to work on many of the most celebrated cases in the land, from appealing (successfully) Claus Von Bulow's conviction for the murder of his wife Sunny, to the O.J. Simpson trial, to defending Mike Tyson, Leona Helmsley, Patty Hearst, and countless others. He is currently part of the legal team advising Julian Assange.
Jeremy Hutchinson's Case Histories: From Lady Chatterley's Lover to Howard Marks
Thomas Grant - 2015
He was the most formidable advocate of the 1960s and '70s and he had a marvellous sense of mischief' Geoffrey RobertsonBorn in 1915 into the fringes of the Bloomsbury Group, Jeremy Hutchinson went on to become the greatest criminal barrister of the 1960s, '70s and '80s. The cases of that period changed society for ever and Hutchinson's role in them was second to none. In Case Histories, Jeremy Hutchinson's most remarkable trials are examined, each one providing a fascinating look into Britain's post-war social, political and cultural history.Accessibly and entertainingly written, Case Histories provides a definitive account of Jeremy Hutchinson's life and work. From the sex and spying scandals which contributed to Harold Macmillan's resignation in 1963 and the subsequent fall of the Conservative government, to the fight against literary censorship through his defence of Lady Chatterley's Lover and Fanny Hill, Hutchinson was involved in many of the great trials of the period. He defended George Blake, Christine Keeler, Great Train robber Charlie Wilson, Kempton Bunton (the only man successfully to 'steal' a picture from the National Gallery), art 'faker' Tom Keating, and Howard Marks who, in a sensational defence, was acquitted of charges relating to the largest importation of cannabis in British history. He also prevented the suppression of Bernardo Bertolucci's notorious film Last Tango in Paris and did battle with Mary Whitehouse when she prosecuted the director of the play Romans in Britain.Above all else, Jeremy Hutchinson's career, both at the bar and later as a member of the House of Lords, has been one devoted to the preservation of individual liberty and to resisting the incursions of an overbearing state. Case Histories provides entertaining, vivid and revealing insights into what was really going on in those celebrated courtroom dramas that defined an age, as well as painting a picture of a remarkable life.To listen to Jeremy Hutchinson being interviewed by Helena Kennedy on BBC Radio 4's A Law Unto Themselves, please follow the link: http://www.bbc.co.uk/programmes/b04d4cpvYou can also listen to him on BBC Radio 4's Desert Island Discs with Kirsty Young: http://www.bbc.co.uk/programmes/b03ddz8m
Constitutional Law: Principles and Policies
Erwin Chemerinsky - 1997
Rumsfeld (executive power to detain enemy combatants), Nevada Department of Human Resources v. Hibbs and Tennessee v. Lane (sovereign immunity), Gonzales v. Raich (Congress's ability to prohibit possession and cultivation of marijuana for medicinal purposes), Kelo v. City of New London (takings clause), Grutter v. Bollinger and Gratz v. Bollinger (equal protection), Lawrence v. Texas (sexual privacy), and Zelman v. Simmons-Harris (vouchers)
Supreme Whispers: Conversations with Judges of the Supreme Court of India 1980-89
Abhinav Chandrachud - 2018
Based on 114 intriguing interviews with nineteen former chief justices of India and more than sixty-six former judges of the Supreme Court of India, Abhinav Chandrachud opens a window to the life and times of the former judges of India's highest court of law and in the process offers a history that largely remained in oblivion for a long time.
It's Easy To Cry
Subhas Anandan - 2015
In the first volume of his autobiography The Best I Could (first published in 2008), Subhas Anandan covered many sensational cases, such as those of Anthony Ler, Took Leng How and Ah Long San, and espoused his views on the mandatory death sentence and police entrapment. In this second volume It’s Easy to Cry, this foremost champion of pro bono work moves away from depicting gruesome murders and delves instead into the emotions behind the crimes. He writes about cases where deep and complex emotions are displayed, like the mother who lied and pleaded guilty to save her son. He also shares his thoughts on the many people, including Singapore’s Chief Justices and Attorney-Generals, who have affected him in one way of the other. It is also a searing and honest account of his life, career and friendships — dictated to his wife in 2014 while undergoing kidney dialysis.
The Bramble Bush: The Classic Lectures on the Law and Law School
Karl N. Llewellyn - 1953
That book is The Bramble Bush. After all these years and many imitators, The Bramble Bush remains one of the most popular introductions to the law and its study.Llewellyn introduces students to what the law is, how to read cases, how to prepare for class, and how justice in the real world relates to the law. Although laws change every year, disputes between people haven't altered all that much since Llewellyn first penned The Bramble Bush, and the processof moving from private dispute to legal conflict still follows the patterns he described.Moreover, the steps of a legal dispute, from arguments to verdict, to opinion, to review, to appeal, to opinion have changed little in their significance or their substance. Cases are still the best tools for exploring the interaction of the law with individual questions, and the essence of what lawstudents must learn to do has persisted. If anything, many of the points Llewellyn argued in these lectures were on the dawning horizon then but are in their mid-day fullness now.
Economic Analysis of Law
Richard A. Posner - 1977
non-quantitative approach does not assume or require prior knowledge of economics or mathematics ii. part and chapter organization based on legal, not economic concepts - includes end-of-chapter sections to reinforce and extend learning through problems and suggested further readings This edition highlights a variety of new information, keeping it timely and topical: - the corporations chapter is revised and updated significantly in light of Enron and other corporate scandals; and Congress response in the Sarbanes-Oxley Act - an exciting new field of economics -- organizational economics -- is now included, with particular reference not only to corporations but also to nonprofits, law firms, and the judiciary - the rapidly expanding interest in the legal regulation of national security and foreign affairs (torture issues, executive power, the USA Patriot Act, etc.) requires the addition of the interesting economic issues presented by such regulation - expanded coverage of foreign law, of which there is increased interest, both substantive and institutional, and both national and supranational (e.g., European Union) is included throughout the book - new insights in the chapter on contracts are drawn from the author's recent scholarly work on contractlaw - since intellectual property is perhaps the hottest field in law today, the author incorporates some ideas from a book he recently coauthored with William Landes on the economic structure of intellectual property law - the chapter on finance is revised and updated to reflect the growing importance of behavioral finance. - novel legal-economic issues relating to the Internet are added to several chapters
We the Corporations: How American Businesses Won Their Civil Rights
Adam Winkler - 2018
Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.
Why They Kill: The Discoveries of a Maverick Criminologist
Richard Rhodes - 1999
Richard Rhodes, Pulitzer Prize-winning author of The Making of the Atomic Bomb, brings his inimitable vision, exhaustive research, and mesmerizing prose to this timely book that dissects violence and offers new solutions to the age old problem of why people kill.Lonnie Athens was raised by a brutally domineering father. Defying all odds, Athens became a groundbreaking criminologist who turned his scholar's eye to the problem of why people become violent. After a decade of interviewing several hundred violent convicts--men and women of varied background and ethnicity, he discovered "violentization," the four-stage process by which almost any human being can evolve into someone who will assault, rape, or murder another human being. Why They Kill is a riveting biography of Athens and a judicious critique of his seminal work, as well as an unflinching investigation into the history of violence.
Engines of Liberty: The Power of Citizen Activists to Make Constitutional Law
David Cole - 2015
Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
A Lawyer's Journey: The Morris Dees Story (Biography)
Morris Dees - 2003
This book dramatically chronicles the significant events that led Morris Dees to the front lines of the civil rights struggle and his ongoing crusade against hate groups.This is the story of the courageous and often lonely journey of a skilled and controversial trail lawyer whose career has paralleled a nation's struggle to ensure freedom and equality for all its citizens.
Hunting with Hemingway
Hilary Hemingway - 2000
It was an audio-cassette filled with the voice of her father telling outrageous stories about his hunting expeditions with his famous older brother, Ernest Hemingway. In this mesmerizing book, Hilary transcribes these stories, revealing the bond between two larger-than-life brothers -- and tells of her own quest to make peace with the painful parts of the Hemingway legacy.
The Hollow Hope: Can Courts Bring About Social Change?
Gerald N. Rosenberg - 1991
But while debate rages over whether the courts should be playing such a legislative role, Gerald N. Rosenberg poses a far more fundamental question—can courts produce political and social reform?Rosenberg presents, with remarkable skill, an overwhelming case that efforts to use the courts to generate significant reforms in civil rights, abortion, and women's rights were largely failures."The real strength of The Hollow Hope . . . is its resuscitation of American Politics—the old-fashioned representative kind—as a valid instrument of social change. Indeed, the flip side of Mr. Rosenberg's argument that courts don't do all that much is the refreshing view that politics in the best sense of the word—as deliberation and choice over economic and social changes, as well as over moral issues—is still the core of what makes America the great nation it is. . . . A book worth reading."—Gary L. McDowell, The Washington Times