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Law's Empire
Ronald Dworkin - 1986
Law's Empire is a full-length presentation of his theory of law that will be studied and debated--by scholars and theorists, by lawyers and judges, by students and political activists--for years to come.Dworkin begins with the question that is at the heart of the whole legal system: in difficult cases how do (and how should) judges decide what the law is? He shows that judges must decide hard cases by interpreting rather than simply applying past legal decisions, and he produces a general theory of what interpretation is--in literature as well as in law--and of when one interpretation is better than others. Every legal interpretation reflects an underlying theory about the general character of law: Dworkin assesses three such theories. One, which has been very influential, takes the law of a community to be only what the established conventions of that community say it is. Another, currently in vogue, assumes that legal practice is best understood as an instrument of society to achieve its goals. Dworkin argues forcefully and persuasively against both these views: he insists that the most fundamental point of law is not to report consensus or provide efficient means to social goals, but to answer the requirement that a political community act in a coherent and principled manner toward all its members. He discusses, in the light of that view, cases at common law, cases arising under statutes, and great constitutional cases in the Supreme Court, and he systematically demonstrates that his concept of political and legal integrity is the key to Anglo-American legal theory and practice.
EU Law: Text, Cases and Materials
Paul Craig - 1995
Written by two experts in the field, the book offers the reader and authoritative and comprehensive guide to all aspects of EU law. Though the unique mix of text and cases and materials, the fully revised and updated third edition addresses all recent key developments in legislation, with particular focus on the Treaty of Nice. The structure and format of the chapters have been substantially improved by introducing tools to help navigate throughout the text. In particular, there are new sections on 'central issues, ' which introduce each chapter, summaries that explain complex concepts and legislation and conclusions that draw all themes and analysis together
The Common Law
Oliver Wendell Holmes Jr. - 1963
(1841–1935) is generally considered one of the two greatest justices of the United States Supreme Court, Chief Justice John Marshall being the other. In more than 2000 opinions, he delineated an impressive legal philosophy that profoundly influenced American jurisprudence, particularly in the area of civil liberties and judicial restraint. At the same time, his abilities as a prose stylist earned him a position among the literary elite.In The Common Law, derived from a series of lectures delivered at the Lowell Institute in Boston, Holmes systematized his early legal doctrines. The result was an enduring classic of legal philosophy that continues to be read and consulted over a century later. Beginning with historical forms of liability (thought to have originated in the desire for vengeance in ancient Roman and Germanic blood feuds), the book goes on to discuss criminal law, torts, bails, possession and ownership, contracts, successions, and many other aspects of civil and criminal law.Encompassing Holmes's profound, wide-ranging knowledge of the law in its historical aspects, yet written in a manner easily accessible to the layman, The Common Law provoked this observation from another famed jurist; "The book is a classic in the sense that its stock of ideas has been absorbed and become part of common juristic thought … they placed law in a perspective which legal scholarship ever since has merely confirmed." — Felix Frankfurter, Of Law and Men.Now the influential ideas and judicial theory of Oliver Wendell Holmes, Jr. can be studied and appreciated in this superb edition — the only one in print — of his magnum opus. This edition also features a new introduction by Professor Sheldon M. Novick, author of Honorable Justice: The Life of Oliver Wendell Holmes. First published in 1881, this book is still indispensable reading for lawyers, political scientists, historians, general readers — anyone interested in the origins, development, and continuing evolution of the laws that govern human society.
Did He Save Lives?: A Surgeon's Story
David Sellu - 2019
There followed a sequence of extraordinary events that led to David being prosecuted and convicted for the patient’s death and sent to prison. His licence to practise medicine was suspended, his career cut short. Events that took place later showed that this was an unfair trial with tinges of racism, and he won an appeal against his conviction and is now a free man. But the damage had already been done.
This book tells his extraordinary story for the first time, in his own words.
Letters to a Law Student: A Guide to Studying Law at University
Nicholas J. McBride - 2006
It provides a useful guide to those considering a law degree or conversion course and helps students prepare for what can be a daunting first year of study.
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.
Working a Democratic Constitution: A History of the Indian Experience
Granville Austin - 2000
Austin's magnum opus tells the very human story of how the social, political, and day-to-day realities of the Indian people have been reflected in and directed the course of constitutional reforms since 1950.
Reading Like A Lawyer: Time-Saving Strategies For Reading Law Like An Expert
Ruth Ann McKinney - 2005
Fortunately, the ability to read law well (quickly and accurately) is a skill that can be acquired through knowledge and practice. The sooner the student masters these skills, the greater the rewards. Using seven specific reading strategies, reinforced with hands-on exercises at the end of each chapter, this book shows students how they can read law efficiently, effectively, powerfully, and confidently. Reading Like a Lawyer is divided into 3 parts: * Part I introduces the reader to the fundamentals of legal reasoning upon which law-based reading builds; * Part II introduces the reader to concrete strategies for reading effectively in law school; * and Part III teaches strategies for reading law outside of the law school context.
The Devil's Advocates: Greatest Closing Arguments in Criminal Law
Michael S. Lief - 2006
Criminal law is considered by many to be the most exciting of the legal specialties, and here the authors turn to the type of dramatic crimes and trials that have so captivated the public -- becoming fodder for countless television shows and legal thrillers. But the eight cases in this collection have also set historical precedents and illuminated underlying principles of the American criminal justice system. Future president John Adams makes clear that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre. The always-controversial temporary-insanity defense makes its debut within sight of the White House when, in front of horrified onlookers, a prominent congressman guns down the district attorney over an extramarital affair. Clarence Darrow provides a ringing defense of a black family charged with using deadly force to defend themselves from a violent mob -- an argument that refines the concept of self-defense and its applicability to all races. The treason trial of Aaron Burr, accused of plotting to steal the western territories of the United States and form a new country with himself as its head, offers a fascinating glimpse into a rare type of prosecution, as well as a look at one of the most interesting traitors in the nation's history. Perhaps the best-known case inthe book is that of Ernesto Miranda, the accused rapist whose trial led to the Supreme Court decision requiring police to advise suspects of their rights to remain silent and to have an attorney present -- their Miranda rights. Each of the eight cases presented here is given legal and cultural context, including a brief historical introduction, a biographical sketch of the attorneys involved, highlights of trial testimony, analysis of the closing arguments, and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, Michael S Lief and H. Mitchell Caldwell make these pivotal cases come to vibrant life for every reader.
Tough cases : judges tell the stories of some of the hardest decisions they've ever made
Russell F. Canan - 2018
It’s the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them.In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children.Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.
Writing to Win: The Legal Writer
Steven D. Stark - 1999
Legal education, which focuses on judicial opinions, not instruments of persuasion, is partly to blame. Yet forceful writing is one of the most potent weapons of legal advocacy. In Writing to Win, Steve Stark, a former teacher of writing at Harvard Law, who has taught thousands of aspiring and practicing lawyers, has written the only book on the market that applies the universal principles of vigorous prose to the job of making a case--and winning it.Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life writing--as well as models drawn from advertising, journalism, and fiction. It deals with the problems lawyers face in writing, from organization to strengthening and editing prose; teaches ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their practice, from memos and letters to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference.No other legal writing book on the market is as practical, as focused on results, as well written as Writing to Win.
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.
Legal Eagles: Stories of the Top Seven Indian Lawyers
Indu Bhan - 2015
Mukul Rohatgi was unable to secure a place at the Law Faculty, Delhi University. Rohinton Nariman was trained to become a Parsi priest.Legal Eagles examines the lives and times of India’s top seven lawyers, who fought some of the country’s landmark courtroom battles. Tracing their journey from their childhood days to the present, the book highlights the important milestones of their careers, their victories and failures, their influences, and their work ethic and role models, demonstrating that the path to success is paved with determination, grit and challenges. Journalist Indu Bhan gives a ringside view of the most significant case handled by each of these lawyers, including the Vodafone tax case, Coalgate and the 2G spectrum controversy, among others.
Breakdown: The Inside Story of the Rise and Fall of Heenan Blaikie
Norman Bacal - 2017
When it collapsed in February 2014, lawyers across Canada and the business community were stunned. What went wrong? Why did so many lawyers run for the exit? How did it implode? What is it that holds professional partnerships together?This is the story of the rise and fall of a great company by the ultimate insider, Norman Bacal, who served as managing partner until a year before the firm's demise. Breakdown takes readers into the boardroom offices during the heady growth of a legal empire built from the ground up over 40 years. We see how after a change of leadership tensions erupted between the Toronto and Montreal offices, and between the hard-driving lawyers themselves. It is a story about the extraordinary fragility of the legal partnership, but it's also a classic business story, a cautionary tale of the perils of ignoring a firm's culture and vision.Normal0falsefalsefalseEN-USJAX-NONE<!--StartFragment--><!--EndFragment--><!--EndFragment-->
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.