Book picks similar to
The Idea of Private Law by Ernest J. Weinrib


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The Canadian Constitution


Adam Dodek - 2013
    The Canadian Constitution makes Canada’s Constitution readily accessible to readers for the first time. It includes the complete text of the Constitution Acts of 1867 and 1982 as well as a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution also explains how the Supreme Court of Canada works and describes the people and issues involved in leading constitutional cases.Author Adam Dodek, a law professor at the University of Ottawa, provides the only index to the Canadian Constitution as well as fascinating facts about the Supreme Court and the Constitution that have never been published before. This book is a great primer for those coming to Canada’s Constitution for the first time as well as a useful reference work for students and scholars.

The Civil Law Tradition: An Introduction to the Legal Systems of Europe and Latin America


John Henry Merryman - 1969
    This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries.

Active Liberty: Interpreting Our Democratic Constitution


Stephen G. Breyer - 2005
    As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

An Introduction to Legal Reasoning


Edward H. Levi - 1962
    By citing a large number of cases, the author makes his presentation of the processes of judicial interpretation particularly lucid.

Failing Law Schools


Brian Z. Tamanaha - 2012
    Enrollments are on the rise, and their resources are often the envy of every other university department. Law professors are among the highest paid and play key roles as public intellectuals, advisers, and government officials. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession.Addressing all these problems and more in a ringing critique is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades, with the scarce jobs offering starting salaries well below what is needed to handle such a debt load. At the heart of the problem, Tamanaha argues, are the economic demands and competitive pressures on law schools—driven by competition over U.S. News and World Report ranking. When paired with a lack of regulatory oversight, the work environment of professors, the limited information available to prospective students, and loan-based tuition financing, the result is a system that is fundamentally unsustainable.Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha has provided the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them.

Law School for Everyone: Constitutional Law


Eric Berger - 2019
    It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the United States. In these 12 lectures, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights. Taking you through all three branches of the federal government, Professor Berger uses some of the most important legal cases in the United States to probe the open-ended nature of the Constitution’s language and illustrate how legal reasoning has defined the power relationships that the Constitution governs. You’ll examine pivotal Supreme Court cases to learn how interpreting the Constitution has radically affected American society. You’ll consider the Supreme Court’s role in deciding - and sometimes avoiding - questions of constitutionality. And you’ll investigate how changes in public opinion can influence how the Supreme Court interprets the Constitution. While the open-ended nature of the Constitution’s language makes constitutional law often uncertain, these lectures offer you a better understanding of its many nuances, as well as its profound importance for the future of the United States.

Law, Liberty, and Morality


H.L.A. Hart - 1963
    Friedmann, Natural Law Forum

The Words We Live By: Your Annotated Guide to the Constitution


Linda R. Monk - 2003
    In The Words We Live By, Linda Monk probes the idea that the Constitution may seem to offer cut-and-dried answers to questions regarding personal rights, but the interpretations of this hallowed document are nearly infinite. For example, in the debate over gun control, does "the right of the people to bear arms" as stated in the Second Amendment pertain to individual citizens or regulated militias? What do scholars say? Should the Internet be regulated and censored, or does this impinge on the freedom of speech as defined in the First Amendment? These and other issues vary depending on the interpretation of the Constitution. Through entertaining and informative annotations, The Words We Live By offers a new way of looking at the Constitution. Its pages reflect a critical, respectful and appreciative look at one of history's greatest documents. The Words We Live By is filled with a rich and engaging historical perspective along with enough surprises and fascinating facts and illustrations to prove that your Constitution is a living -- and entertaining -- document. Updated now for the first time, The Words We Live By continues to take an entertaining and informative look at America's most important historical document, now with discussions on new rulings on hot button issues such as immigration, gay marriage, and affirmative action.

A God Named Desire


Ty Gibson - 2010
    We are creatures of intense desire.  We emerge from the womb longing for touch and affection.  Desire pulsates within us every waking moment of our lives.  Our hearts are fueled by hungry yearnings for connection, for relationship, for a sense of belonging.  We plunge into life, giving ourselves away to him or her, to this or that, drinking in every promise of fulfillment.  And yet, we always emerge from the quest for love still feeling a persistent and insatiable desire for something more.  A God Named Desire is about that something more.  There are some books that speak with an unusual level of clarity to the deepest issues that press the human heart.  This is one of those rare books.  You will never see god, or yourself, the same after the insights of A God Named Desire are introduced into your mind.

The Art of Rhetoric


Aristotle
    In response, the technique of rhetoric rapidly developed, bringing virtuoso performances and a host of practical manuals for the layman. While many of these were little more than collections of debaters’ tricks, the Art of Rhetoric held a far deeper purpose. Here Aristotle establishes the methods of informal reasoning, provides the first aesthetic evaluation of prose style and offers detailed observations on character and the emotions. Hugely influential upon later Western culture, the Art of Rhetoric is a fascinating consideration of the force of persuasion and sophistry, and a compelling guide to the principles behind oratorical skill.

Concepts and Case Analysis in the Law of Contracts


Marvin A. Chirelstein - 1990
    This Contracts primer is vastly uncluttered - one that picks up the main themes in the first-year Contracts course, together with related cases.

The Scopes Trial: A Brief History with Documents


Jeffrey P. Moran - 2002
    Tennessee schoolteacher John Scopes brought the question of teaching evolution in schools to every dinner table, and it remains an essential topic in any course on American History, the History of Education, and Religious History. This volume’s lively interpretative introduction provides an analysis of the trial and its impact on the moral fiber of the country and the educational system, and examines the race and gender issues that shook out of the debate. The editor has excerpted the crucial exchanges from the trial transcript itself, and includes these along with reactions to the trial, taken from newspaper reports, letters, and magazine articles. Telling political cartoons and evocative photographs add a colorful dimension to this collection, while a chronology of events, questions for consideration, and a bibliography provide strong pedagogical support.

Reading Law: The Interpretation of Legal Texts


Antonin Scalia - 2012
    Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Freedom and the Law


Bruno Leoni - 1961
    In modern democratic societies, legislative bodies increasingly usurp functions that were, and should be, exercised by individuals or groups rather than government.Bruno Leoni (1913–1967) was an attorney and Professor of Legal Theory and the Theory of the State at the University of Pavia, Italy.Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.

Thinking Like a Lawyer: A New Introduction to Legal Reasoning


Frederick Schauer - 2009
    It argues, among other things, that the best decision in a case is not always the best legal decision.