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Author : Robert F. Blomquist
Publisher : State University of New York Press
Page : 267 pages
File Size : 54,9 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9781438430652
Collection of quotations and judicial opinions of federal appellate judge Richard A. Posner
Author : Richard A. Posner
Publisher : Harvard University Press
Page : 399 pages
File Size : 43,6 Mb
Release : 2010-05-01
Category : Law
ISBN : 9780674033832
A distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
Author : William Domnarski
Publisher : Oxford University Press
Page : 305 pages
File Size : 53,5 Mb
Release : 2016
Category : Biography & Autobiography
ISBN : 9780199332311
The first biography of Judge Richard Posner, arguably the most prolific jurist and brilliant legal intellectual of our time --
Author : Oliver Wendell Holmes
Publisher : University of Chicago Press
Page : 375 pages
File Size : 46,7 Mb
Release : 2012-10-12
Category : Biography & Autobiography
ISBN : 9780226279886
Oliver Wendell Holmes, Jr., has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters, Richard Posner reveals the fullness of Holmes' achievements as judge, historian, philosopher, and master of English style. Thematically arranged, the volume covers a rich variety of subjects from aging and death to themes in politics, personalities, and law. Posner's substantial introduction firmly places this wealth of material in its proper biographical and historical context. "A first-rate prose stylist, [Holmes] was perhaps the most quotable of all judges, as this ably edited volume shows."—Washington Post Book World "Brilliantly edited, lucidly organized, and equipped with a compelling introduction by Judge Posner, [this book] is one of the finest single-volume samplers of any author's work I have seen. . . . Posner has fully captured the acrid tang of him in this masterly anthology."—Terry Teachout, National Review "Excellent. . . . A worthwhile contribution to current American political/legal discussions."—Library Journal "The best source for the reader who wants a first serious acquaintance with Holmes."—Thomas C. Grey, New York Review of Books
Author : Yale Law Journal
Publisher : Quid Pro Books
Page : 372 pages
File Size : 55,8 Mb
Release : 2014-05-15
Category : Law
ISBN : 9781610278638
The May 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: • Article, "Illegitimate Borders: Jus Sanguinis Citizenship and the Legal Construction of Family, Race, and Nation," by Kristin Collins • Article, "Legitimacy and Federal Criminal Enforcement Power," by Lauren M. Ouziel • Feature, "The Age of Consent," by Philip C. Bobbitt • Review, "Judging Justice on Appeal," by Marin K. Levy • Note, "The Growth of Litigation Finance in DOJ Whistleblower Suits: Implications and Recommendations," by Mathew Andrews • Note, "Reducing Inequality on the Cheap: When Legal Rule Design Should Incorporate Equity as Well as Efficiency," by Zachary Liscow • Note, "Domestic Violence Asylum After Matter of L-R-," by Jessica Marsden • Comment, "Beating Blackwater: Using Domestic Legislation to Enforce the International Code of Conduct for Private Military Companies," by Reema Shah This quality ebook edition features linked notes, active Contents, active URLs in notes, and proper Bluebook formatting. This May 2014 issue is Volume 123, Number 7.
Author : Bradin Cormack,Martha C. Nussbaum,Richard Strier
Publisher : University of Chicago Press
Page : 342 pages
File Size : 41,9 Mb
Release : 2013-04-05
Category : Drama
ISBN : 9780226924939
"This collection emerges out of a conference on 'Shakespeare and the law' held at the University of Chicago in spring 2009"--introduction.
Author : Grant Gilmore,Philip Bobbitt
Publisher : Yale University Press
Page : 248 pages
File Size : 43,6 Mb
Release : 2014-01-01
Category : Law
ISBN : 9780300189919
Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."--New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends--given body by broad learning and a keen imagination and spiced with wit."--Willard Hurst
Author : John R. Shook
Publisher : Bloomsbury Publishing
Page : 1105 pages
File Size : 53,6 Mb
Release : 2016-02-11
Category : Philosophy
ISBN : 9781472570550
For scholars working on almost any aspect of American thought, The Bloomsbury Encyclopedia to Philosophers in America presents an indispensable reference work. Selecting over 700 figures from the Dictionary of Early American Philosophers and the Dictionary of Modern American Philosophers, this condensed edition includes key contributors to philosophical thought. From 1600 to the present day, entries cover psychology, pedagogy, sociology, anthropology, education, theology and political science, before these disciplines came to be considered distinct from philosophy. Clear and accessible, each entry contains a short biography of the writer, an exposition and analysis of his or her doctrines and ideas, a bibliography of writings and suggestions for further reading. Featuring a new preface by the editor and a comprehensive introduction, The Bloomsbury Encyclopedia to Philosophers in America includes 30 new entries on twenty-first century thinkers including Martha Nussbaum and Patricia Churchland. With in-depth overviews of Waldo Emerson, Margaret Fuller, Noah Porter, Frederick Rauch, Benjamin Franklin, Thomas Paine and Thomas Jefferson, this is an invaluable one-stop research volume to understanding leading figures in American thought and the development of American intellectual history.
Author : David M. Dorsen
Publisher : Harvard University Press
Page : 470 pages
File Size : 52,9 Mb
Release : 2012-03-27
Category : Biography & Autobiography
ISBN : 9780674068865
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, David M. Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life. During his time on the Court of Appeals for the Second Circuit (1959–1986), Judge Friendly was revered as a conservative who exemplified the tradition of judicial restraint. But he demonstrated remarkable creativity in circumventing precedent and formulating new rules in multiple areas of the law. Henry Friendly, Greatest Judge of His Era describes the inner workings of Friendly’s chambers and his craftsmanship in writing opinions. His articles on habeas corpus, the Fourth Amendment, self-incrimination, and the reach of the state are still cited by the Supreme Court. Dorsen draws on extensive research, employing private memoranda between the judges and interviews with all fifty-one of Friendly’s law clerks—a veritable Who’s Who that includes Chief Justice John R. Roberts, Jr., six other federal judges, and seventeen professors at Harvard, Yale, Stanford, and elsewhere. In his Foreword, Judge Richard Posner writes: “David Dorsen has produced the most illuminating, the most useful, judicial biography that I have ever read . . . We learn more about the American judiciary at its best than we can learn from any other . . . Some of what I’ve learned has already induced me to make certain changes in my judicial practice.”
Author : Mark C. Dillon
Publisher : State University of New York Press
Page : 417 pages
File Size : 42,5 Mb
Release : 2022-03-01
Category : History
ISBN : 9781438487878
The first Chief Justice of the United States, John Jay faced many unique challenges. When the stability and success of the new nation were far from certain, a body of federalized American law had to be created from scratch. In The First Chief Justice, New York State Appellate Judge Mark C. Dillon uncovers, for the first time, how Jay's personal, educational, and professional experiences—before, during, and after the Revolutionary War—shaped both the establishment of the first system of federal courts from 1789 to 1795 and Jay's approach to deciding the earliest cases heard by the Supreme Court. Dillon takes us on a fascinating journey of a task accomplished by constant travel on horseback to the nation's far reaches, with Jay adeptly handling the Washington administration, Congress, lawyers, politicians, and judicial colleagues. The book includes the history of each of the nine cases decided by Jay when he was Chief Justice, many of which have proven with time to have enduring historical significance. The First Chief Justice will appeal to anyone interested in the establishment of the US federal court system and early American history.
Author : Scott D. Gilbert
Publisher : Business Expert Press
Page : 122 pages
File Size : 42,7 Mb
Release : 2020-06-25
Category : Business & Economics
ISBN : 9781949443189
This book covers the subject of economic damages and its role in insurance claims, lawsuits, and injunctions against businesses. Businesses exist to provide goods and services to customers, and in doing so, they take risks. Among these risks is the chance of losing money in lawsuits filed by customers, employees, and others negatively impacted by the business. Insurance provides some protection against these liabilities, but lawsuits still take their toll. This book covers the subject of economic damages and its role in insurance claims, lawsuits, and injunctions against businesses. This book will help the reader to identify economic damages as a component of business liability, describe the business risk posed by economic damages, explain some key determinants of economic damages, and estimate economic damages and business loss in a variety of cases.
Author : Scott D. Gilbert
Publisher : Business Expert Press
Page : 128 pages
File Size : 49,6 Mb
Release : 2015-12-31
Category : Business & Economics
ISBN : 9781606497036
Businesses exist to provide goods and services to customers and in so doing they take risks. Among these risks is the chance of losing money in lawsuits filed by customers, employees, and others negatively impacted by the business. Insurance provides some protection against these liabilities, but lawsuits still take their toll. This book covers the subject of economic damages and its role in insurance claims and lawsuits against businesses. After reading and understanding this book, the reader will be able to identify economic damages as a component of business liability, describe the business risk posed by economic damages, explain the key determinants of economic damages, and estimate economic damages and business loss in a variety of cases.
Author : Adam Winkler
Publisher : W. W. Norton & Company
Page : 361 pages
File Size : 50,9 Mb
Release : 2011-09-19
Category : History
ISBN : 9780393082296
A provocative history that reveals how guns—not abortion, race, or religion—are at the heart of America's cultural divide. Gunfight is a timely work examining America’s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns—not abortion, race, or religion—are at the heart of America’s cultural divide. Using the landmark 2008 case District of Columbia v. Heller—which invalidated a law banning handguns in the nation’s capital—as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.
Author : David M. Dorsen
Publisher : Harvard University Press
Page : 513 pages
File Size : 44,8 Mb
Release : 2012-04-10
Category : Biography & Autobiography
ISBN : 9780674064935
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
Author : Oliver Wendell Holmes
Publisher : University of Chicago Press
Page : 378 pages
File Size : 42,9 Mb
Release : 1996
Category : Biography & Autobiography
ISBN : 0226675548
Oliver Wendell Holmes, Jr., has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters, Richard Posner reveals the fullness of Holmes' achievements as judge, historian, philosopher, and master of English style. Thematically arranged, the volume covers a rich variety of subjects from aging and death to themes in politics, personalities, and law. Posner's substantial introduction firmly places this wealth of material in its proper biographical and historical context. "A first-rate prose stylist, [Holmes] was perhaps the most quotable of all judges, as this ably edited volume shows."—Washington Post Book World "Brilliantly edited, lucidly organized, and equipped with a compelling introduction by Judge Posner, [this book] is one of the finest single-volume samplers of any author's work I have seen. . . . Posner has fully captured the acrid tang of him in this masterly anthology."—Terry Teachout, National Review "Excellent. . . . A worthwhile contribution to current American political/legal discussions."—Library Journal "The best source for the reader who wants a first serious acquaintance with Holmes."—Thomas C. Grey, New York Review of Books