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Patterns of American Jurisprudence
Author: Neil Duxbury
Publisher: Clarendon Press
ISBN: 0191018767
Pages: 530
Year: 1995-06-08
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This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.
Patterns of American Legal Thought
Author: G. Edward White
Publisher: Quid Pro Books
ISBN: 1610270177
Pages: 318
Year: 2010-07-22
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A renowned legal historian's collection of astute and timeless essays on such subjects as the process, method and debates of legal history; the truth about Holmes and Brandeis; legal realism & its critics; the origins of tort law; appellate opinions as research sources; Brown v. Board and the role of Earl Warren; and the development of gay rights in U.S. constitutional law. Quality digital format.
Body and the State, The
Author: Cary Federman
Publisher: SUNY Press
ISBN: 0791482022
Pages: 254
Year: 2012-02-01
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Traces the history of the writ of habeas corpus and its influence on federal-state relations.
Legal Positivism in American Jurisprudence
Author: Anthony J. Sebok
Publisher: Cambridge University Press
ISBN: 0521480418
Pages: 327
Year: 1998-10-28
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This work represents a serious and philosophically sophisticated guide to modern American legal theory, demonstrating that legal positivism has been a misunderstood and underappreciated perspective through most of twentieth-century American legal thought.
American Legal Realism
Author: William W. Fisher, III, Morton J. Horwitz
Publisher: Oxford University Press
ISBN: 0195071239
Pages: 326
Year: 1993
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Of Studies in Legal Education (1929) / Edited by Herman Oliphant. "Institute Priests and Yale Observers - A Reply to Dean Goodrich" (1936) / Thurman W. Arnold. "Goodbye to Law Reviews" (1936) / Fred Rodell.
Cultural Expertise and Litigation
Author: Livia Holden
Publisher: Taylor & Francis
ISBN: 1136735216
Pages: 264
Year: 2011-05-30
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Cultural Expertise and Litigation addresses the role of social scientists as a source of expert evidence, and is a product of their experiences and observations of cases involving litigants of South Asian origin. What is meant in court by "culture," "custom" and "law"? How are these concepts understood by witnesses, advocates, judges and litigants? How far are cross-cultural understandings facilitated - or obscured - in the process? What strategies are adopted? And which ones turn out to be successful in court? How is cultural understanding – and misunderstanding – produced in these circumstances? And how, moreover, do the decisions in these cases not only reflect, but impact, upon the law and the legal procedure? Cultural Expertise and Litigation addresses these questions, as it elicits the patterns, conflicts and narratives that characterize the legal role of social scientists in a variety of de facto plural settings – including immigration and asylum law, family law, citizenship law and criminal law.
Random Justice
Author: Neil Duxbury
Publisher: Oxford University Press on Demand
ISBN: 0199253536
Pages: 179
Year: 2002-07-01
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This controversial book explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, the author considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the lottery as a legal decision-making device has generally been underestimated. The final chapter of the book considers how lotteries might be combined with other decision-mechanisms and suggests that it may sometimes be sensible to require that adjudication takes place in the shadow of the lottery.
American Law and the Legal System
Author: Thomas R. Van Dervort
Publisher: Cengage Learning
ISBN: 0766817407
Pages: 386
Year: 2000
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This overview of the system of law and government in the United States is a revision of the successful "Equal Justice Under the Law", that provides the conceptual tools needed to prepare individuals for their roles as citizens, paralegals, lawyers, teachers, law enforcement agents, government employees, and judges.ALSO AVAILABLEINSTRUCTOR SUPPLEMENTS CALL CUSTOMER SUPPORT TO ORDERInstructor’s Manual, ISBN: 0-7668-1741-5COMING SOONWest Paralegal Comprehensive CTB-2000-II, ISBN: 0-7668-1773-3
American Legal Thought from Premodernism to Postmodernism
Author: Stephen M. Feldman
Publisher: Oxford University Press
ISBN: 019802696X
Pages: 288
Year: 2000-01-20
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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 Judicial Process
Author: Christopher P. Banks, David M. O'Brien
Publisher: CQ Press
ISBN: 1483317021
Pages: 400
Year: 2015-02-19
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The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
Politics, Position, and Power
Author: Harold Seidman
Publisher: Oxford University Press on Demand
ISBN: 0195090721
Pages: 268
Year: 1998
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The fifth edition of this classic text presents a concise study of the United States government in the 1990's, highlighting the constitutional implications of the current debate among anti-government revolutionaries, privatizers, and government reinventors about the governments purpose. It analyzes the legal, political, and organizational consequences of arguments which contend that there has ceased to be a realistic distinction between what is public and what is private. Seidman demonstrates how control of regulations, rather than structure, has become the center of the struggle for position and power, and by describing the logic behind the politics that influence federal agencies, he provides a detailed account of the limits of government performance and the most appropriate instruments for improvement. Completely updated and revised to cover such significant developments as the Clinton-Gore National Performance Review and the Gingrich revolution, this text shows how structural reorganization and procedures may be used to achieve political purposes and to alter the balance of power among the president, congress, judiciary, and interest groups. A provocative chapter entitled Amputation Before Diagnosis is critical in explaining the failure to relate proposed reforms to specific strategic goals. With its sound scholarship and unique personal insights, this new edition of Politics, Position, and Power is not only an ideal text for political science courses focusing on public administration, it is also an essential resource for understanding present trends in American government and public administration.
The Origins of Muhammadan Jurisprudence
Author: Joseph Schacht
Publisher: Acls History E-Book Project
ISBN: 1597404748
Pages: 351
Year: 2008-11-01
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Understanding Jurisprudence
Author: Raymond Wacks
Publisher: Oxford University Press
ISBN: 0198806019
Pages: 407
Year: 2017-10-26
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Written with students in mind, Professor Raymond Wacks brings legal theory to life through his lucid and entertaining style. The author has crafted a manageable guide, balancing concise introductions to the key theorists and core issues such as punishment and rights without ignoring thesubtleties of the subject. Seminal quotes from leading scholars are included to help students recognise the impact of their work, while extensive further reading suggestions at the end of each chapter invite students to explore the broad range of literature available on central topics. Each chapter concludes with a series ofcritical questions designed to encourage reader to think analytically about the law and the key debates which surround it. This book is accompanied by online resources which includes multiple-choice questions with instant feedback to give students the chance to test their understanding.
Justice Kennedy's Jurisprudence
Author: Frank J. Colucci
Publisher:
ISBN: 0700616624
Pages: 243
Year: 2009
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Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.
Civility, Legality, and Justice in America
Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 131606171X
Pages:
Year: 2014-08-11
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Throughout American history, the discourse of civility has proven quite resilient, and concern for a perceived lack of civility has ebbed and flowed in recognizable patterns. Today we are in another era in which political leaders and commentators bemoan a crisis of incivility and warn of civility's demise. Civility, Legality, and Justice in America charts the uses of civility in American legal and political discourse. How important is civility as a legal and political virtue? How does it fare when it is juxtaposed with the claim that it masks injustice? Who advocates civility and to what effect? How are battles over civility played out in legal and political arenas? This book brings the work of several distinguished scholars together to critically assess the relative claims of civility and justice and the way law the weighs those virtues.