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
How to Argue and Win Every Time: At Home, At Work, In Court, Everywhere, Every Day
Gerry Spence - 1995
So you want to know how to compose the winning arguent? How to prepare it? Deliver it? Spense believes that argument begins with the person, and that to argue successfully one must accomplish more than mere teechnique. He maintains that success in arguments, as in life, is a derivative of personal growth, of discoverring who we are, and embracing the uniqueness that is individual to each of us. The Laws of Arguing According to Gerry Spence1. Everyone is capable of making the winning aargument.2. Winning is getting what we want, which also means helping "others" get what they want.3. Learn that words are a weapon, and can be used hostilely in combat.4. Know that there is always a "biological advantage" of delivering the TRUTH.5. Assault is not argument.6. Use fear as an ally in pubic speaking or in argument. Learn to convert its energy.7. Let emotions show and don't discourage passion.8. Don't be blinded by brilliance.9. Learn to speak with the body. The body sometimes speaks more powerfully than words. 10 Know that the enemy is not the person with whom we are engaged in a failing argument, but the vision within ourselves
Legal Confidential: Adventures of an Indian Lawyer
Ranjeev Dubey - 2015
Dubey slogs his way through the corridors of Delhi’s trial courts and realizes that the legal system is anything but fair. He stumbles upon a strange world of corruption, sleaze, adultery, eloping couples and clients willing to pay for legal services ‘in kind’. He survives the ‘killing field’ of litigation for twelve long years, biding his time. When he gets an offer to join a law firm, Dubey believes he has finally arrived. But has he? The world of Indian corporate law is one of intense power-play and the merciless pursuit of revenue. In this sinister world of destructive politicking, Ranjeev becomes enemies with the big sharks who own the law firm. What follows is an explosive showdown. In this dark, racy memoir, the now-well-known corporate lawyer exposes the world of the black robes with his trademark wit and leaves you wanting more. If you had to read only one book about the world of lawyers and the Indian legal system, Legal Confidential would have to be it!
Why Tolerate Religion?
Brian Leiter - 2012
He offers new insights into what makes a claim of conscience distinctively religious, and draws on a wealth of examples from America, Europe, and elsewhere to highlight the important issues at stake. With philosophical acuity, legal insight, and wry humor, Leiter shows why our reasons for tolerating religion are not specific to religion but apply to all claims of conscience, and why a government committed to liberty of conscience is not required by the principle of toleration to grant exemptions to laws that promote the general welfare.
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)
Patent It Yourself
David Pressman - 1985
Attorney David Pressman takes you through the entire patent process, providing scrupulously updated information and clear instructions to help you: -determine if you can patent your invention -understand patent law -evaluate the commercial potential of your idea -perform your own patent search -file a provisional patent application -prepare a formal patent application -respond to patent examiners -amend an application -enforce and maintain your patent -market and license your invention -and much more Thoroughly updated, the 12th edition provides the latest U.S. Patent and Trademark Office rules and forms. It also covers how to file a patent electronically with the USPTO, and how to write your patent application in a manner that doesn't "limit" your patent. Whether you're new at the inventing game or a grizzled veteran, Patent It Yourself will save you grief, time and money.
How to Fix Copyright
William Patry - 2011
We all share the goals of increasing creative works, ensuring authors can make a decent living, furthering culture and competitiveness and ensuring that knowledge is widely shared, but what role does copyright law actually play in making these things come true in the real world? Simply believing in lofty goals isn't enough. If we want our goals to come true, we must go beyond believing in them; we must ensure they come true, through empirical testing and adjustment. Patry argues that laws must be consistent with prevailing markets and technologies because technologies play a large (although not exclusive) role in creating consumer demand; markets then satisfy that demand. Patry discusses how copyright laws arose out of eighteenth-century markets and technology, the most important characteristic of which was artificial scarcity. Artificial scarcity was created by the existence of a small number gatekeepers, by relatively high barriers to entry, and by analog limitations on copying. Markets and technologies change, in a symbiotic way, Patry asserts. New technologies create new demand, requiring new business models. The new markets created by the Internet and digital tools are the greatest ever: Barriers to entry are low, costs of production and distribution are low, the reach is global, and large sums of money can be made off of a multitude of small transactions. Along with these new technologies and markets comes the democratization of creation; digital abundance is replacing analog artificial scarcity. The task of policymakers is to remake our copyright laws to fit our times: our copyright laws, based on the eighteenth century concept of physical copies, gatekeepers, and artificial scarcity, must be replaced with laws based on access not ownership of physical goods, creation by the masses and not by the few, and global rather than regional markets. Patry's view is that of a traditionalist who believes in the goals of copyright but insists that laws must match the times rather than fight against the present and the future.
The Art of War and other Laws of Power
Sun Tzu
In this newest translation of The Art of War readers will benefit from the interpretations from other translators and strategist, as well as the 50 strategic rules, including: -- How to look for strategic turns to meet the competition-- How to attain strategic superiority and crush the competition-- How to plan surprise and stay ahead of the game-- And more timeless wisdom that will allow you to compete and win in the dynamic business environment!Business managers around the world have tapped into this ancient wisdom; it is time to master The Art of War for Manager for the existence and growth of your business!
Powerscore LSAT Logical Reasoning Bible]
David M. Killoran - 2014
This book will provide you with an advanced system for attacking any Logical Reasoning question that you may encounter on the LSAT. The concepts presented in the Logical Reasoning Bible are representative of the techniques covered in PowerScore's live courses and have been consistently proven effective for thousands of our students. The book features and explains a detailed methodology for attacking all aspects of Logic Reasoning problems, including recognizing question types, identifying common reasoning elements and determining their validity, the methods for efficiently and accurately making inferences, and techniques for quickly eliminating answer choices as you solve the questions.
The Ivey Guide to Law School Admissions: Straight Advice on Essays, Résumés, Interviews, and More
Anna Ivey - 2005
In this book-the first of its kind by a former law school admissions officer-she draws on her expertise to cover topics from the application and the essay to the interview and the recommendations, touching on hot-button issues like how much the LSAT, ethnicity, and age really matter. Offering an insider's advice on how to produce the very best application, this guide gives straight answers to questions such as: • What kind of essay should I write to set me apart from the rest of the pack?• Should I explain my low LSAT score, my D in chemistry, my attention deficit disorder, my time in rehab? • Is law school worth the debt I'll face when I graduate? Full of invaluable examples and anecdotes about real admissions decisions, The Ivey Guide to Law School Admissions is certain to become the new bible for would-be law students everywhere.
Justice for All: Earl Warren and the Nation He Made
Jim Newton - 2006
Board of Education, Griswold v. Connecticut, Miranda v. Arizona. Drawing on unmatched access to government, academic, and private documents pertaining to Warren's life and career, Newton illuminates both the public and the private Warren. The result is a monumental biography of a complicated and principled figure that will become a seminal work of twentieth-century American history.
Pure Theory of Law
Hans Kelsen - 1934
A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
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.
Without Precedent: Chief Justice John Marshall and His Times
Joel Richard Paul - 2018
From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C.This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.
NANI PALKHIVALA - THE COURTROOM GENIUS
Soli J. Sorabjee - 2012
After a brilliant academic career, he quickly became one of India's most sought after lawyers and remained at center stage for five decades. Famous for his phenomenal power of concentration and persuasive advocacy, he was a supremely successful lawyer. Early in his career, he authored one of the finest commentaries on the law and practice of income tax. His reputation as a constitutional lawyer is deservedly formidable. Between 1965 and 1995, he argued nearly all important constitutional law cases before the Supreme Court of India: Golak Nath, Bank Nationalization, Privy Purses, Kesavananda Bharati, St. Xavier's, Mandal Commission and the Election Commission matter. Palkhivala also represented India in three major international disputes. A man of many parts and strong opinions, he gave critical lectures on the annual budget, which attracted audiences in excess of 1,00,000. Amazingly, he never referred to a single note. An extraordinary human being, he gave generously, but quietly, to charitable causes.This book chronicles Palkhivala's journey as a lawyer and discusses the important cases in which he appeared and that changed the destiny of the country. The book provides a rare insight into his working methods and style of advocacy. No student of law, no lawyer, no chartered accountant, no member of the judiciary and no well-informed citizen can afford to miss reading this book.