Mcgeorge Law Review

Author : Anonim
Publisher : Unknown
Page : 504 pages
File Size : 55,9 Mb
Release : 2006
Category : Law reviews
ISBN : UCSC:32106019139556

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McGeorge Law Review by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 646 pages
File Size : 53,6 Mb
Release : 2009
Category : Electronic journals
ISBN : UCSC:32106020178247

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McGeorge Law Review by Anonim Pdf

Author : Basil S Markesinis,Jörg Fedtke
Publisher : Bloomsbury Publishing
Page : 474 pages
File Size : 45,5 Mb
Release : 2009-03-30
Category : Law
ISBN : 9781847314970

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Engaging with Foreign Law by Basil S Markesinis,Jörg Fedtke Pdf

This book presents a developed theory of how national lawyers can approach, understand, and make use of foreign law. Its theme is pursued through a set of detailed essays which look at the courts as well as business practice and, with the help of statistics, demonstrate what type of academic work has any impact on the 'real' world. Engaging with Foreign Law thus aims to carve out a new niche for comparative law in this era of globalisation, and may also be the only book which deals in some depth with both private and public law in countries such as England, Germany, France, South Africa, and the United States.

Author : Meera Kaura Patel
Publisher : Universal Law Publishing
Page : 164 pages
File Size : 50,6 Mb
Release : 2011
Category : Citation of legal authorities
ISBN : 817534993X

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The Black Book by Meera Kaura Patel Pdf

Author : Bryan A. Garner
Publisher : Oxford University Press, USA
Page : 1023 pages
File Size : 54,8 Mb
Release : 2011
Category : Law
ISBN : 9780195384208

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Garner's Dictionary of Legal Usage by Bryan A. Garner Pdf

A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions.

Author : John R. Vile,David L. Hudson
Publisher : CQ Press
Page : 929 pages
File Size : 48,7 Mb
Release : 2013
Category : Law
ISBN : 9781604265897

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Encyclopedia of the Fourth Amendment by John R. Vile,David L. Hudson Pdf

This work provides a unique overview for individuals seeking to understand the Fourth Amendment to the U.S. Constitution. It covers key concepts, events, laws and legal doctrines, court decisions, and litigators and litigants regarding the law of search and seizure.

Author : James C. Foster
Publisher : University of Alaska Press
Page : 384 pages
File Size : 43,9 Mb
Release : 2010-10-15
Category : Law
ISBN : 9781602230897

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Bong Hits 4 Jesus by James C. Foster Pdf

Before Sarah Palin, Alaska gave us Morse v. Frederick, the 2007 Supreme Court case conventionally known as "Bong HiTs 4 Jesus." Foster's book puts the case in context. The precipitous slide in Supreme Court protection for free speech in high school since Tinker in the 1960's is only part of the story.ùJohn Brigham, University of Massachusetts, Amherst, author of Material Law --Book Jacket.

Author : Maksymilian Del Mar,William Twining
Publisher : Springer
Page : 434 pages
File Size : 44,5 Mb
Release : 2015-03-11
Category : Law
ISBN : 9783319092324

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Legal Fictions in Theory and Practice by Maksymilian Del Mar,William Twining Pdf

This multi-disciplinary, multi-jurisdictional collection offers the first ever full-scale analysis of legal fictions. Its focus is on fictions in legal practice, examining and evaluating their roles in a variety of different areas of practice (e.g. in Tort Law, Criminal Law and Intellectual Property Law) and in different times and places (e.g. in Roman Law, Rabbinic Law and the Common Law). The collection approaches the topic in part through the discussion of certain key classical statements by theorists including Jeremy Bentham, Alf Ross, Hans Vaihinger, Hans Kelsen and Lon Fuller. The collection opens with the first-ever translation into English of Kelsen’s review of Vaihinger’s As If. The 17 chapters are divided into four parts: 1) a discussion of the principal theories of fictions, as above, with a focus on Kelsen, Bentham, Fuller and classical pragmatism; 2) a discussion of the relationship between fictions and language; 3) a theoretical and historical examination and evaluation of fictions in the common law; and 4) an account of fictions in different practice areas and in different legal cultures. The collection will be of interest to theorists and historians of legal reasoning, as well as scholars and practitioners of the law more generally, in both common and civil law traditions.

Author : Berachyahu Lifshitz,Hanina Ben-Menahem
Publisher : Routledge
Page : 387 pages
File Size : 44,8 Mb
Release : 2013-07-04
Category : Social Science
ISBN : 9781136576874

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The Jewish Law Annual Volume 19 by Berachyahu Lifshitz,Hanina Ben-Menahem Pdf

Volume 19 of The Jewish Law Annual is a festschrift in honor of Professor Neil S. Hecht. It contains thirteen articles, ten in English and three in Hebrew. Several articles are jurisprudential in nature, focusing on analysis of halakhic institutions and concepts. Elisha Ancselovits discusses the concept of the prosbul, asking whether it is correct to construe it as a legal fiction, as several scholars have asserted. He takes issue with this characterization of the prosbul, and with other scholarly readings of Tannaitic law in general. The concepts of dignity and shame are addressed in two very different articles, one by Nahum Rakover, and the other by Hanina Ben-Menahem. The former discusses halakhic sources pertaining to the dignity inherent in human existence, and the importance of nurturing it. The latter presents a fascinating survey of actual legal practices that contravened this haklakhic norm. Attestations of these practices are adduced not only from halakhic and semi-halakhic documents, but also from literary, historical, and ethnographic sources. Three articles tackle topical issues of considerable contemporary interest. Bernard S. Jackson comments on legal issues relating to the concept of conversion arising from the story of the biblical heroine Ruth, and compares that concept to the notion of conversion invoked by a recent English court decision on eligibility for admission to denominational schools. An article by Dov I. Frimer explores the much agonized-over question of halakhic remedies for the wife whose husband refuses to grant her a get (bill of divorce), precluding her remarriage. Frimer’s focus is the feasibility of inducing the husband to grant the get through monetary pressure, specifically, by awarding the chained wife compensatory tort damages. Tort remedies are also discussed in the third topical article, by Ronnie Warburg, on negligent misrepresentation by investment advisors. Two papers focus on theory of law. Shai Wozner explores the decision rules–conduct rules dichotomy in the Jewish law context, clarifying how analysis of which category a given law falls under enhances our understanding of the law’s intent. Daniel Sinclair explores the doctrine of normative transparency in the writings of Maimonides, the Hatam Sofer, and R. Abraham Isaac Kook, demonstrating that although transparency was universally endorsed as an ideal, some rabbinical authorities were willing to forego transparency where maintenance of the halakhic system itself was imperiled. An article by Alfredo M. Rabello reviews the primary and secondary literature on end-of-life issues, and contextualizes the much-discussed talmudic passage bAvoda Zara 18a. And an article by Chaim Saiman offers a critical survey of the main approaches to conceptualizing and teaching Jewish law in American universities; it also makes suggestions for new, and perhaps more illuminating pedagogic direction. In the Hebrew section, an intriguing article by Berachyahu Lifshitz presents a comparison of Persian and talmudic law on the status of promises and the role of the divine in their enforcement. Yuval Sinai discusses the halakhic law of evidence, particularly the well-known "two witnesses" requirement and departures from it. The volume closes with a historical article by Elimelech Westreich on the official rabbinical court in nineteenth century Jerusalem. It focuses on the rabbinical figures who served on the court, the communities for whom it adjudicated, and its role in the broader geopolitical and sociocultural context.

Author : William G. Ross
Publisher : Univ of South Carolina Press
Page : 316 pages
File Size : 42,5 Mb
Release : 2007
Category : Biography & Autobiography
ISBN : 1570036799

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The Chief Justiceship of Charles Evans Hughes, 1930-1941 by William G. Ross Pdf

During the 1930s the U.S. Supreme Court abandoned its longtime function as an arbiter of economic regulation and assumed its modern role as a guardian of personal liberties. William G. Ross analyzes this turbulent period of constitutional transition and the leadership of one of its central participants in The Chief Justiceship of Charles Evans Hughes, 1930-1941. Tapping into a broad array of primary and secondary sources, Ross explores the complex interaction between the court and the political, economic, and cultural forces that transformed the nation during the Great Depression. Written with an appreciation for both the legal and historical contexts, this comprehensive volume explores how the Hughes Court removed constitutional impediments to the development of the administrative state by relaxing restrictions previously invoked to nullify federal and state economic regulatory legislation. Ross maps the expansion of safeguards for freedoms of speech, press, and religion and the extension of rights of criminal defendants and racial minorities. of African Americans helped to lay the legal foundations for the civil rights movement. Throughout his study Ross emphasizes how Chief Justice Hughes' brilliant administrative abilities and political acumen helped to preserve the Court's power and prestige during a period when the body's rulings were viewed as intensely controversial. Ross concludes that on balance the Hughes Court's decisions were more evolutionary than revolutionary but that the court also reflected the influence of the social changes of the era, especially after the appointment of justices who espoused the New Deal values of President Franklin Delano Roosevelt.

Author : Joseph F. Zimmerman
Publisher : Lexington Books
Page : 177 pages
File Size : 53,9 Mb
Release : 2014-08-06
Category : Political Science
ISBN : 9780739198070

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Congress and Crime by Joseph F. Zimmerman Pdf

Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.

Author : Tanzil Chowdhury
Publisher : Routledge
Page : 151 pages
File Size : 50,5 Mb
Release : 2020-05-25
Category : Education
ISBN : 9780429834882

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Time, Temporality and Legal Judgment by Tanzil Chowdhury Pdf

This book challenges the correspondence theory of judicial fact construction – that legal rules resemble and subsume facts ‘out there’ – and instead provides an account of judicial fact construction through legally produced times- or adjudicative temporalities- that structure legal subject and event formation in legal judgement. Drawing on Bergsonian and Gadamerian theories of time, this book details how certain adjudicative temporalities can produce fully willed and autonomous subjects through ‘time framed’ legal events – in effect, the paradigmatic liberal legal subject – or how alternative adjudicative temporalities may structure legal subjects that are situated and constituted by social structures. The consequences of this novel account of legal judgement are fourfold. The first is that judicial fact construction is not exclusively determined by the legal rule (s) but by adjudication’s production of temporalities. The second is that the selection between different adjudicative temporalities is generally indeterminate, though influenced by wider social structures. As will be argued, social structures, framed as a particular type of past produced by certain adjudicative temporalities, may either be incorporated in the rendering of the legal event or elided. The third is that, with the book’s focus on criminal law, different deployments of adjudicative temporalities effect responsibility ascription. Finally, it is argued that the demystification of time as that which structures event and subject formation reveals another way in which to uncover the politics of legal judgement and the potential for its transformative potential, through either its inclusion or its elision of social structures in adjudication’s determination of facts. This book will be of interest to students and scholars in the field of legal judgement, legal theory and jurisprudence.

Author : Sean D. Murphy
Publisher : Cambridge University Press
Page : 546 pages
File Size : 50,7 Mb
Release : 2003-01-09
Category : Law
ISBN : 1139435329

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United States Practice in International Law: Volume 1, 1999–2001 by Sean D. Murphy Pdf

Sean D. Murphy's wide-ranging and in-depth 2002 survey of U.S. practice in international law in the period 1999–2001 draws upon the statements and actions of the executive, legislative and judicial branches of the U.S. government to examine its involvement across a range of areas. These areas include diplomatic and consular relations, jurisdiction and immunities, state responsibility and liability, international organizations, international economic law, human rights, and international criminal law. At the time of its first publication this summary of the most salient issues was a central resource on U.S. practice in international law. The volume contains extracts from hard-to-find documents, generous citations to relevant sources, tables of cases and treaties, and a detailed index. Revealing international law in the making, this essential tool for researchers and practitioners was the first in a series of books capturing the international law practice of a global player.

Author : Jon Hanson,John Jost
Publisher : OUP USA
Page : 817 pages
File Size : 48,5 Mb
Release : 2012-01-11
Category : Law
ISBN : 0199737517

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Ideology, Psychology, and Law by Jon Hanson,John Jost Pdf

Features the groundbreaking law-related research of political psychologists. Includes leading legal scholars' commentary and analysis of political psychologists' work. The first book to bring together experts to discuss the interaction between psychology, ideology, and law.

Author : Andrew Dilts
Publisher : Fordham Univ Press
Page : 352 pages
File Size : 44,6 Mb
Release : 2014-09-15
Category : Political Science
ISBN : 9780823262434

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Punishment and Inclusion by Andrew Dilts Pdf

At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote. Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern “American” penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise. Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.