Law Without Precedent

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Law without precedent

Author : Anonim
Publisher : Unknown
Page : 253 pages
File Size : 41,5 Mb
Release : 1994
Category : Electronic
ISBN : OCLC:915884234

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Law without precedent by Anonim Pdf

Without Precedent

Author : Anna R. Hayes
Publisher : Univ of North Carolina Press
Page : 576 pages
File Size : 40,9 Mb
Release : 2009-06-01
Category : Biography & Autobiography
ISBN : 0807887811

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Without Precedent by Anna R. Hayes Pdf

The first woman judge in the state of North Carolina and the first woman in the United States to be elected chief justice of a state supreme court, Susie Marshall Sharp (1907-1996) broke new ground for women in the legal profession. When she retired in 1979, she left a legacy burnished by her tireless pursuit of lucidity in the law, honesty in judges, and humane conditions in prisons. Anna Hayes presents Sharp's career as an attorney, distinguished judge, and politician within the context of the social mores, the legal profession, and the political battles of her day, illuminated by a careful and revealing examination of Sharp's family background, private life, and personality. Judge Sharp was viewed by contemporaries as the quintessential spinster, who had sacrificed marriage and family life for a successful career. The letters and journals she wrote throughout her life, however, reveal that Sharp led a rich private life in which her love affairs occupied a major place, unsuspected by the public or even her closest friends and family. With unrestricted access to Sharp's abundant journals, papers, and notes, Anna Hayes uncovers the story of a brilliant woman who transcended the limits of her times, who opened the way for women who followed her, and who improved the quality of justice for the citizens of her state. Without Precedent also tells the story of a complicated woman, at once deeply conservative and startlingly modern, whose intriguing self-contradictions reflect the complexity of human nature.

Without Precedent

Author : Joel Richard Paul
Publisher : Penguin
Page : 512 pages
File Size : 42,9 Mb
Release : 2018-02-20
Category : Biography & Autobiography
ISBN : 9780525533276

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Without Precedent by Joel Richard Paul Pdf

The remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. 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.

Law Without Precedent

Author : Lloyd A. Fallers
Publisher : Unknown
Page : 365 pages
File Size : 42,7 Mb
Release : 1969
Category : Customary law
ISBN : LCCN:77086135

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Law Without Precedent by Lloyd A. Fallers Pdf

Settled Versus Right

Author : Randy J. Kozel
Publisher : Cambridge University Press
Page : 191 pages
File Size : 52,6 Mb
Release : 2017-06-06
Category : Law
ISBN : 9781107127531

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Settled Versus Right by Randy J. Kozel Pdf

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Law without precedent

Author : Anonim
Publisher : Unknown
Page : 253 pages
File Size : 50,5 Mb
Release : 1994
Category : Electronic
ISBN : OCLC:915884234

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Law without precedent by Anonim Pdf

The Law of Judicial Precedent

Author : Bryan A. Garner,Carlos Tiburcio Bea,Rebecca White Berch,Neil McGill Gorsuch,Harris L Hartz,Nathan L. Hecht,Brett Kavanaugh,Alex Kozinski,Sandra Lea Lynch,William H. Pryor (Jr.),Thomas Morrow Reavley,Jeffrey Stuart Sutton,Diane P. Wood
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2016
Category : Judicial process
ISBN : 0314634207

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The Law of Judicial Precedent by Bryan A. Garner,Carlos Tiburcio Bea,Rebecca White Berch,Neil McGill Gorsuch,Harris L Hartz,Nathan L. Hecht,Brett Kavanaugh,Alex Kozinski,Sandra Lea Lynch,William H. Pryor (Jr.),Thomas Morrow Reavley,Jeffrey Stuart Sutton,Diane P. Wood Pdf

The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.

Without Precedent

Author : Joel Richard Paul
Publisher : Penguin
Page : 514 pages
File Size : 43,8 Mb
Release : 2018
Category : Biography & Autobiography
ISBN : 9781594488238

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Without Precedent by Joel Richard Paul Pdf

A portrait of the influential chief justice, statesman, and diplomat illuminates his pivotal role in the establishment of the Constitution and Supreme Court and recounts his work as an advisor to multiple presidents.

Precedents and Case-Based Reasoning in the European Court of Justice

Author : Marc Jacob
Publisher : Cambridge University Press
Page : 357 pages
File Size : 55,8 Mb
Release : 2014-03-20
Category : Law
ISBN : 9781107045491

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Precedents and Case-Based Reasoning in the European Court of Justice by Marc Jacob Pdf

Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Without Precedent

Author : J. D. Trafford
Publisher : Thomas & Mercer
Page : 0 pages
File Size : 48,7 Mb
Release : 2019
Category : Fiction
ISBN : 1542040329

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Without Precedent by J. D. Trafford Pdf

How much would you give up to get justice for your family? Matthew Daley is a Manhattan corporate lawyer at the top of his game. As the first defense attorney on call to get pharmaceutical companies out of trouble, Matt is rising in the judicial system exactly as he planned. Until his sister dies of a heroin overdose. Now, torn between conscience and career, the newly minted law partner faces a critical choice: defend the very companies that manufactured the addictive drugs, or give up his fiancée and his hard-won dream job to fight for justice in his sister's name. Returning to his blue-collar hometown with a ragtag band of law-school misfits by his side, Matt squares off against a team of New York corporate attorneys in a high-stakes courtroom battle. If he wins, the case could have national implications, bringing down the multibillion-dollar Big Pharma industry. If he loses, he'll become collateral damage in the greatest fall of his career and his life.

John Marshall

Author : Jean Edward Smith
Publisher : Henry Holt and Company
Page : 788 pages
File Size : 49,7 Mb
Release : 2014-03-10
Category : Biography & Autobiography
ISBN : 9781466862319

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John Marshall by Jean Edward Smith Pdf

A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed." Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.

Without Precedent

Author : Thomas H. Kean,Lee H. Hamilton
Publisher : Vintage
Page : 402 pages
File Size : 50,8 Mb
Release : 2007-04-24
Category : Political Science
ISBN : 9780307276636

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Without Precedent by Thomas H. Kean,Lee H. Hamilton Pdf

The untold story of how the 9/11 Commission overcame partisanship and bureaucracy to produce its acclaimed report. From the beginning, the 9/11 Commission found itself facing obstacles — the Bush administration blocked its existence for months, the first co-chairs resigned right away, the budget was limited, and a polarized Washington was suspicious of its every request. Yet despite these long odds, the Commission produced a bestselling report unanimously hailed for its objectivity, along with a set of recommendations that led to the most significant reform of America’s national security agencies in decades. This is a riveting insider’s account of Washington at its worst — and its best.

Precedent in Law

Author : Laurence Goldstein
Publisher : Oxford University Press, USA
Page : 304 pages
File Size : 45,5 Mb
Release : 1987
Category : Stare decisis
ISBN : STANFORD:36105043992465

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Precedent in Law by Laurence Goldstein Pdf

It has been said that precedent is the life blood of legal systems. Certainly, an understanding of precedent is vital to an understanding of the workings of law. The principle that decisions should follow those of past similar cases seems simple enough, yet it turns out to be beset with difficulties. What is the justification for following precedents? Do we want absolute, unswerving following of past decisions or a weaker implementation that allows for limited departures? What social and theoretical forces wrought changes in the doctrine? Are judicial pronouncements on precedent rules or just conventions? How do we identify the ratio decidendi of a case? What are the means by which a general "projectable" conclusion may be elicited from a particular judgment? These are some of the problems addressed by contributors to this volume.

The Nature and Authority of Precedent

Author : Neil Duxbury
Publisher : Cambridge University Press
Page : 206 pages
File Size : 44,6 Mb
Release : 2008-04-03
Category : Law
ISBN : 0521713366

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The Nature and Authority of Precedent by Neil Duxbury Pdf

Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.

Precedent in the United States Supreme Court

Author : Christopher J. Peters
Publisher : Springer Science & Business Media
Page : 231 pages
File Size : 54,6 Mb
Release : 2014-02-11
Category : Law
ISBN : 9789400779518

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Precedent in the United States Supreme Court by Christopher J. Peters Pdf

This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.