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Every year, law students across the country participate in the "write-on competition" for a shot at the most highly coveted prize in law school: membership on the law review. But until now, law students had nowhere to turn to for reliable information regarding the competition. This book has changed all that. Making Law Review explains how the competition works, and reveals the surprising and innovative techniques students have used to excel in it. Author Wes Henricksen interviewed dozens of current and former law review members at many of the top law schools to learn their secrets to success in the write-on competition. This book synthesizes those students' experiences into a comprehensive body of valuable advice on topics such as how to best prepare for the competition, how to effectively allocate your time throughout it, and how to write a winning submission paper.
Every year, law students participate in the "write-on competition" for a shot at membership on the law review. Too many, however, enter the competition unprepared. This book is designed to help readers become familiar with how the competition works, how to prepare for it, and how to write a winning submission paper. Author Wes Henricksen interviewed dozens of current and former law review members at many of the top law schools to learn their secrets to success in the write-on competition. This book synthesizes those students' experiences into a comprehensive body of valuable advice.
Author : Adam B. Cox,Cristina M. Rodríguez Publisher : Oxford University Press Page : 361 pages File Size : 41,6 Mb Release : 2020-08-04 Category : Law ISBN : 9780190694388
The President and Immigration Law by Adam B. Cox,Cristina M. Rodríguez Pdf
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
In this book, Bruno Latour pursues his ethnographic inquiries into the different value systems of modern societies. After science, technology, religion, art, it is now law that is being studied by using the same comparative ethnographic methods. The case study is the daily practice of the French supreme courts, the Conseil d’Etat, specialized in administrative law (the equivalent of the Law Lords in Great Britain). Even though the French legal system is vastly different from the Anglo-American tradition and was created by Napoleon Bonaparte at the same time as the Code-based system, this branch of French law is the result of a home-grown tradition constructed on precedents. Thus, even though highly technical, the cases that form the matter of this book, are not so exotic for an English-speaking audience. What makes this study an important contribution to the social studies of law is that, because of an unprecedented access to the collective discussions of judges, Latour has been able to reconstruct in detail the weaving of legal reasoning: it is clearly not the social that explains the law, but the legal ties that alter what it is to be associated together. It is thus a major contribution to Latour’s social theory since it is now possible to compare the ways legal ties build up associations with the other types of connection that he has studied in other fields of activity. His project of an alternative interpretation of the very notion of society has never been made clearer than in this work. To reuse the title of his first book, this book is in effect the 'Laboratory Life of Law'.
Every year, law students participate in the "write-on competition" for a shot at membership on the law review. Too many, however, enter the competition unprepared. This book is designed to help readers become familiar with how the competition works, how to prepare for it, and how to write a winning submission paper. Author Wes Henricksen interviewed dozens of current and former law review members at many of the top law schools to learn their secrets to success in the write-on competition. This book synthesizes those students' experiences into a comprehensive body of valuable advice.
Making Law and Courts Research Relevant by Brandon L. Bartels,Chris W. Bonneau Pdf
One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audiences outside of academia. A significant part of this issue goes back to a seeming disconnect between empirical and normative scholars of law and courts that has increased in recent years. Brandon L. Bartels and Chris W. Bonneau argue that being attuned to the normative implications of one’s work enhances the quality of empirical work, not to mention makes it substantially more interesting to both academics and non-academic practitioners. Their book’s mission is to examine how the normative implications of empirical work in law and courts can be more visible and relevant to audiences beyond academia. Written by scholars of political science, law, and sociology, the chapters in the volume offer ideas on a methodology for communicating normative implications in a balanced, nuanced, and modest manner. The contributors argue that if empirical work is strongly suggestive of certain policy or institutional changes, scholars should make those implications known so that information can be diffused. The volume consists of four sections that respectively address the general enterprise of developing normative implications of empirical research, law and decisionmaking, judicial selection, and courts in the broader political and societal context. This volume represents the start of a conversation on the topic of how the normative implications of empirical research in law and courts can be made more visible. This book will primarily interest scholars of law and courts, as well as students of judicial politics. Other subfields of political science engaging in empirical research will also find the suggestions made in the book relevant.
Making Law for Families is the result of a workshop organized by Mavis Maclean and held between May 26 and June 2,1999, at the international Institute for the Sociology of Law (IISL) in Onati, Spain. This book analyzes the concept of the family in the context of increasing challenges and questions created by multicultural societies in ever more complicated international and transnational legal contexts. How is the family defined across cultural and national divides? To what extent and under what conditions should any particular state intervene? The collected essays in this volume seek to answer these and other difficult questions through grounded empirical research and insightful appreciation of how political systems function in various countries. An underlying concern is to explore to what extent and under what terms will the family endure in the future as a basic unit of social management and control. This book is part of the Oñati International Series in Law and Society.
Judicial Law-Making in Post-Soviet Russia by Alexander Vereshchagin Pdf
A novel and incisive investigation of the role of judicial precedents and customs in Russian law, this book examines the trends in the development of judge-made law in Russian civil law since the demise of the Soviet Union. Exploring the interrelated propositions that a certain creative element is intrinsic to the judicial function in modern legal systems, which are normally shaped by both legislators and judges and that the Russian legal system is not an exception to this rule, the author argues that the rejection or acceptance of judge-made law can no longer be sufficient grounds for distinguishing between common law and civil law systems for the purposes of comparative analysis. Divided into six chapters, it covers: the principles applied by judges when interpreting legal acts; analyzing a number of academic writings on this subject the boundaries of the realm of judge-made law and the problem of 'hard cases' and the factors, which make them 'hard' a taxonomy of forms in which Russian courts effectuate their law-creation functions current policies of courts in legal and socio-political matters joint-stock societies and arbitrazh courts. Estimating the degree of creativity within different branches of the Russian judiciary and explaining the difference in the approaches of various courts as well as setting-out proposals as to how the discrepancies in judicial practice can be avoided, Judicial Law-Making in Post-Soviet Russia is invaluable reading for all students of international law, comparative law, legal skills, method and systems and jurisprudence and philosophy of law.
Making Policy, Making Law by Mark C. Miller,Jeb Barnes Pdf
The functioning of the U.S. government is a bit messier than Americans would like to think. The general understanding of policymaking has Congress making the laws, executive agencies implementing them, and the courts applying the laws as written—as long as those laws are constitutional. Making Policy, Making Law fundamentally challenges this conventional wisdom, arguing that no dominant institution—or even a roughly consistent pattern of relationships—exists among the various players in the federal policymaking process. Instead, at different times and under various conditions, all branches play roles not only in making public policy, but in enforcing and legitimizing it as well. This is the first text that looks in depth at this complex interplay of all three branches. The common thread among these diverse patterns is an ongoing dialogue among roughly coequal actors in various branches and levels of government. Those interactions are driven by processes of conflict and persuasion distinctive to specific policy arenas as well as by the ideas, institutional realities, and interests of specific policy communities. Although complex, this fresh examination does not render the policymaking process incomprehensible; rather, it encourages scholars to look beyond the narrow study of individual institutions and reach across disciplinary boundaries to discover recurring patterns of interbranch dialogue that define (and refine) contemporary American policy. Making Policy, Making Law provides a combination of contemporary policy analysis, an interbranch perspective, and diverse methodological approaches that speak to a surprisingly overlooked gap in the literature dealing with the role of the courts in the American policymaking process. It will undoubtedly have significant impact on scholarship about national lawmaking, national politics, and constitutional law. For scholars and students in government and law—as well as for concerned citizenry—this book unravels the complicated interplay of governmental agencies and provides a heretofore in-depth look at how the U.S. government functions in reality.
There is an undercover war going on in America that impacts everyone's life far more than the legal issues that typically grab the headlines. The conservative movement has been systematically turning back a century's worth of the evolving gains and protections found in the common law-the areas of law that affect the everyday activities of ordinary people. Throughout the twentieth century, contract, property, and personal injury law evolved to take more account of social conditions and the needs of consumers, workers, and less powerful members of American society. Contracts were interpreted in light of common sense, property ownership was subjected to reasonable-use provisions to protect the environment, and consumers were protected against dangerous products. But all that is changing. Conservatives have a clear agenda to turn back the clock on the common law to maximize the profits of big business. Some significant inroads have already been made to protect gun manufacturers from lawsuits, enforce form contracts that prevent employees from suing for discrimination, and hamper the government's protection of the environment against aggressive development, for example. More rollbacks are on the horizon. Although this aspect of the conservative agenda is not as visible as assaults on abortion rights and civil liberties, it may ultimately have even greater impact on our society. Jay M. Feinman's book is an accessible, eye-opening primer, full of vivid examples and case histories-from victims of medical malpractice who cannot recover damages to people who relinquish their right to sue by applying for a job. If you subscribe to any of these common myths of twenty-first-century America, you will find surprising facts and illuminating analysis in Un-Making Law: The "All-American Blame Game" has corrupted our moral fiber-everyone is looking for a scapegoat to sue whenever anything goes wrong. Malpractice lawsuits have gone sky-high in recent years, forcing insurance companies reluctantly to raise rates and forcing doctors out of practice. Consumers and employees agree to arbitration because it is a much simpler, less expensive, and fairer way to resolve contract disputes. The government invades the rights of private property owners when it protects endangered species and regulates land development.
Making Good Law or Good Policy? by Raymond V. Carman Pdf
This book uses role theory to analyze the judicial decisions made by state supreme court judges. Grounded in the fields of anthropology, business management, psychology, and sociology, role theory holds that, for each position an individual occupies in society, he or she creates a role orientation, or a belief about the limits of proper behavior. Judicial role orientation is conceptualized as the stimuli that a judge feels can legitimately be allowed to influence his or her decision-making and, in the case of conflict among influences, what priorities to assign to different decisional criteria. This role orientation is generally seen as existing on a spectrum ranging from activist to restraintist. Using multi-faceted data collection and empirical testing, this book discusses the variation in judges’ role orientations, the role that personal institutional structure and judges' backgrounds play in determining judicial orientations, and the degree to which judges’ orientations affect their decision-making. The first study to provide cross-institutional research on state supreme court judges, this book expands and advances the literature on judicial role orientation. As such, this book will be of interest to graduate students and researchers studying political science, public policy, law, and the courts.
As a critical, in-depth analysis of the law-making process, this book has no equal. It deals with all the stages and forms of law-making: - the preparation of legislation; - its passage through Parliament; - statutory interpretation; - the operation of the rules of precedent in judicial decision-making; - the many facets of judicial law-making; - the machinery of law reform. The new eighth edition covers the operation of EU law in the UK after Brexit. It also covers pre-Brexit events such as the unprecedented legislation by backbench MPs to stop a No Deal Exit from the EU and the two great Supreme Court decisions over the triggering of Brexit and the prorogation of Parliament. The books draws on a wide range of sources including important new empirical research such as Lord Sumption's 2019 Reith lectures (Trials of the State – Law and the Decline of Politics) and the work of Sir Geoffrey Palmer, former Prime Minister and Justice Minister of New Zealand on The Law Reform Enterprise. There are new sections on the attempt to control the size of the House of Lords, on whether Parliament should have a role in the selection of senior judges and on the topical question whether decisions of the courts on constitutional questions are 'legal' or 'political'.
Devolution, Law Making and the Constitution by Robert Hazell,Richard Rawlings Pdf
Law making is a primary function of government, and how well the three devolved UK legislatures exercise this function will be a crucial test of the whole devolution project. This book provides the first systematic study and authoritative data to start that assessment. It represents the fruits of a four-year collaboration between top constitutional lawyers from Scotland, Wales and Northern Ireland and leading researchers in UCL's Constitution Unit. The book opens with detailed studies of law making in the period 1999–2004 in the Scottish Parliament and the Assemblies in Wales and Northern Ireland, and how they interact with Westminster. Later contributions look at aspects of legislative partnership in the light of the UK's strongly asymmetric devolutionary development, and also explain the unexpected impact of devolution on the courts. Individual chapters focus on various constitutional aspects of law making, examining the interplay of continuity and change in political, legal and administrative practice, and the competing pressures for convergence and divergence between the different parliaments and assemblies. This book is essential reading for academics and students in law and in politics, and for anyone interested in the constitutional and legal aspects of UK devolution, not least the practitioners and policymakers in London, Edinburgh, Cardiff and Belfast.
Healthcare Decision-Making and the Law by Mary Donnelly Pdf
This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.