Inside The American Legal Mind

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Inside the American Legal Mind

Author : Kevin J. Fandl
Publisher : Routledge
Page : 152 pages
File Size : 40,7 Mb
Release : 2015-10-05
Category : Law
ISBN : 9781317269823

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Inside the American Legal Mind by Kevin J. Fandl Pdf

Inside the American Legal Mind:An International Practitioner Guide to American Legal Reasoning clearly explains how to navigate within U.S. legal practice. A combination of common law legal history with the straight-shooting American style has resulted in an approach to issue analysis that is structurally different from other fields and from the civil law systems common in other countries. Precedent drives the interpretive process, providing the pillars upon which an American lawyer builds a case. Understanding how to capture relevant aspects of precedent, merge those aspects with precedent from seemingly distinct cases, and apply the resulting formula to a given fact pattern can be a harrowing experience for anyone untrained in American legal thinking. This book bridges that gap for aspiring lawyers in America as well as for foreign legal practitioners. Fandl clearly and concisely demonstrates how to research, analyze, and ultimately condense legal ideas into written form in the American legal style. Suitable for undergraduates in U.S. Criminal Justice programs and for LL.M. courses, as well as for continuing education for professionals.

Baseball and the American Legal Mind

Author : Spencer Weber Waller,Neil B. Cohen,Paul Finkelman
Publisher : Taylor & Francis
Page : 548 pages
File Size : 51,9 Mb
Release : 1995
Category : History
ISBN : 0815320574

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Baseball and the American Legal Mind by Spencer Weber Waller,Neil B. Cohen,Paul Finkelman Pdf

First Published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

A Companion to American Legal History

Author : Sally E. Hadden,Alfred L. Brophy
Publisher : John Wiley & Sons
Page : 598 pages
File Size : 55,8 Mb
Release : 2013-02-22
Category : Law
ISBN : 9781118533765

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A Companion to American Legal History by Sally E. Hadden,Alfred L. Brophy Pdf

A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

Law and the Modern Mind

Author : Susanna L. Blumenthal
Publisher : Harvard University Press
Page : 0 pages
File Size : 47,5 Mb
Release : 2016-02-22
Category : Law
ISBN : 0674048938

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Law and the Modern Mind by Susanna L. Blumenthal Pdf

In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.

American Law in a Global Context

Author : George P. Fletcher,Steve Sheppard
Publisher : Oxford University Press, USA
Page : 700 pages
File Size : 49,8 Mb
Release : 2005
Category : Law
ISBN : 0195167236

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American Law in a Global Context by George P. Fletcher,Steve Sheppard Pdf

Resource added for the Paralegal program 101101.

Sharpening the Legal Mind

Author : William Powers
Publisher : University of Texas Press
Page : 239 pages
File Size : 49,8 Mb
Release : 2023-02-14
Category : Law
ISBN : 9781477326411

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Sharpening the Legal Mind by William Powers Pdf

An introduction to what every law student and practitioner needs to know about legal reasoning.

Comparative Studies in Continental and Anglo-American Legal History

Author : Javier Martínez-Torrón
Publisher : Duncker & Humblot
Page : 212 pages
File Size : 48,6 Mb
Release : 1998-01-01
Category : Law
ISBN : 3428494148

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Comparative Studies in Continental and Anglo-American Legal History by Javier Martínez-Torrón Pdf

Hauptbeschreibung In the book at issue, the author endeavors to demonstrate a fact that has often been neglected by many Anglo-American legal historians: the Anglo-American legal tradition has more elements in common with Continental law than is frequently believed (Continent = European; continental law and doctrine: see also ""ius commune, ius utrumque""). The ""insularity"" of English law has never been complete. The learned laws, and particularly the canon law, have also played a very significant role in the historical evolution of English law. The formative process of the common.

Beyond Legal Minds

Author : William Brant
Publisher : BRILL
Page : 533 pages
File Size : 46,7 Mb
Release : 2018-12-10
Category : Law
ISBN : 9789004385955

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Beyond Legal Minds by William Brant Pdf

In this book, William Brant inquires how violence is reduced. Social causes of violence are exposed. War, sexual domination, leadership, propagandizing and comedy are investigated. Legal systems are explored as reducers and implementers of violence and threats.

American Legal Thought from Premodernism to Postmodernism

Author : Stephen M. Feldman
Publisher : Oxford University Press
Page : 288 pages
File Size : 47,5 Mb
Release : 2000-01-20
Category : Law
ISBN : 9780198026969

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American Legal Thought from Premodernism to Postmodernism by Stephen M. Feldman Pdf

The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.

The Yale Biographical Dictionary of American Law

Author : Roger K. Newman
Publisher : Yale University Press
Page : 637 pages
File Size : 41,6 Mb
Release : 2009-01-01
Category : Reference
ISBN : 9780300113006

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The Yale Biographical Dictionary of American Law by Roger K. Newman Pdf

This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are devoted to the living and dead, the famous and infamous, many who upheld the law and some who broke it. Supreme Court justices, private practice lawyers, presidents, professors, journalists, philosophers, novelists, prosecutors, and others--the individuals in the volume are as diverse as the nation itself. Entries written by close to 600 expert contributors outline basic biographical facts on their subjects, offer well-chosen anecdotes and incidents to reveal accomplishments, and include brief bibliographies. Readers will turn to this dictionary as an authoritative and useful resource, but they will also discover a volume that delights and entertains. Listed in The Yale Biographical Dictionary of American Law: John Ashcroft Robert H. Bork Bill Clinton Ruth Bader Ginsburg Patrick Henry J. Edgar Hoover James Madison Thurgood Marshall Sandra Day O'Connor Janet Reno Franklin D. Roosevelt Julius and Ethel Rosenberg John T. Scopes O. J. Simpson Alexis de Tocqueville Scott Turow And more than 700 others

The Legal Mind

Author : Bartosz Broz&775;ek,Bartosz Brożek
Publisher : Cambridge University Press
Page : 191 pages
File Size : 51,5 Mb
Release : 2019-11-28
Category : Law
ISBN : 9781108493253

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The Legal Mind by Bartosz Broz&775;ek,Bartosz Brożek Pdf

How do lawyers think? Brożek presents a new perspective on legal thinking as an interplay between intuition, imagination and language.

Laying Down the Law

Author : Pierre Schlag
Publisher : NYU Press
Page : 206 pages
File Size : 55,8 Mb
Release : 1998-10
Category : Law
ISBN : 9780814780541

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Laying Down the Law by Pierre Schlag Pdf

In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century. --Choice, May 1997 Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover. --J. M. Balkin, Lafayette S. Foster Professor, Yale Law School At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law. His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.

Law, Mind and Brain

Author : Michael Freeman,Oliver R. Goodenough
Publisher : Routledge
Page : 403 pages
File Size : 46,7 Mb
Release : 2017-05-15
Category : Social Science
ISBN : 9781317107439

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Law, Mind and Brain by Michael Freeman,Oliver R. Goodenough Pdf

Over the past 20 years, cognitive neuroscience has revolutionized our ability to understand the nature of human thought. Working with the understandings of traditional psychology, the new brain science is transforming many disciplines, from economics to literary theory. These developments are now affecting the law and there is an upsurge of interest in the potential of neuroscience to contribute to our understanding of criminal and civil law and our system of justice in general. The international and interdisciplinary chapters in this volume are written by experts in criminal behaviour, civil law and jurisprudence. They concentrate on the potential of neuroscience to increase our understanding of blame and responsibility in such areas as juveniles and the death penalty, evidence and procedure, neurological enhancement and treatment, property, end-of-life choices, contracting and the effects of words and pictures in law. This collection suggests that legal scholarship and practice will be increasingly enriched by an interdisciplinary study of law, mind and brain and is a valuable addition to the emerging field of neurolaw.

Freedom and Criminal Responsibility in American Legal Thought

Author : Thomas Andrew Green
Publisher : Cambridge University Press
Page : 519 pages
File Size : 47,8 Mb
Release : 2014-10-27
Category : History
ISBN : 9780521854603

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Freedom and Criminal Responsibility in American Legal Thought by Thomas Andrew Green Pdf

This book deals with the most fundamental problem in criminal law, the way in which free will and determinism relate to criminal responsibility.

A History of American Law

Author : Lawrence M. Friedman
Publisher : Oxford University Press
Page : 704 pages
File Size : 51,5 Mb
Release : 2019-09-09
Category : Law
ISBN : 9780190070908

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A History of American Law by Lawrence M. Friedman Pdf

Renowned legal historian Lawrence Friedman presents an accessible and authoritative history of American law from the colonial era to the present day. This fully revised fourth edition incorporates the latest research to bring this classic work into the twenty-first century. In addition to looking closely at timely issues like race relations, the book covers the changing configurations of commercial law, criminal law, family law, and the law of property. Friedman furthermore interrogates the vicissitudes of the legal profession and legal education. The underlying theory of this eminently readable book is that the law is the product of society. In this way, we can view the history of the legal system through a sociological prism as it has evolved over the years.