Crafting Law on the Supreme Court PDF Download
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Author: Forrest Maltzman
Publisher: Cambridge University Press
ISBN: 9780521783941
Category : Law
Languages : en
Pages : 226
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Book Description
Supreme Court decisions stem largely from the political nature of the opinion writing process.
Author: Forrest Maltzman
Publisher: Cambridge University Press
ISBN: 9780521783941
Category : Law
Languages : en
Pages : 226
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Book Description
Supreme Court decisions stem largely from the political nature of the opinion writing process.
Author: Susan Block-Lieb
Publisher: Cambridge University Press
ISBN: 1107187583
Category : Law
Languages : en
Pages : 481
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Book Description
Lawmaking by international organizations has enormous influence over world trade and national economies. This book explores who makes that law and how.
Author: Max Barrett
Publisher:
ISBN: 9781787428577
Category : Law
Languages : en
Pages : 368
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Book Description
Judges are increasingly aware that the best way of enhancing public confidence in court systems is not only by providing a quality service but doing so compassionately and respectfully. The art and craft of judgment-writing is a critical element of this process. This book looks at the judgments of historically great judgment-writers from the US, UK and wider common law world (in particular Australia, Canada, India, Ireland, Israel and New Zealand). It is written not from the perspective of what the author can teach but with the aim of identifying essential elements of good judgment-writing in great judgments and insightful commentary.Written by Dr Max Barrett, a judge of the High Court of Ireland, individual chapters focus on subjects such as judgment purpose, length, style and structure, concurring and dissenting judgments, judgment-writing for children and vulnerable parties, as well as more general lessons in good writing offered by great authors from Orwell to Twain. Among the lessons to be taken from great common law judges are that: a good judgment possesses an ability to rise above immediate facts and to see a problem in its wider perspective;a sense of empathy/sympathy for those faring badly is always important; andthere is nothing wrong with language that is occasionally flowery and ornate; however, the best judgments are crisp and persuasive.A great author such as Mark Twain teaches, for example, that: every element of a judgment should be necessary to that judgment and any unnecessary element excised;any person or event included in a judgment should be included for a reason; anda judge should always use the right word for what she wants to state, 'not its second cousin'.This book is intended for novice superior court judges, their more seasoned colleagues and all with an interest in legal writing (including legal practitioners, law teachers and law students). Lower-court judges required to write judgments should find the book valuable; and judges at all levels should find the additional chapter on ex tempore judgments of use.
Author: James Daniel
Publisher: Independently Published
ISBN:
Category : Law
Languages : en
Pages : 0
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Book Description
Master the art of legislative and regulatory drafting with "Crafting the Law." Authored by James Daniel, this comprehensive guide is essential for policymakers, legal professionals, and anyone navigating the intricate world of legislation. From understanding the legislative process to drafting effective policy, this book provides practical insights and strategies for success. Explore the evolution of legislative processes, the importance of stakeholder engagement, and the impact of public participation. Learn proven techniques for clear and precise drafting, avoiding ambiguity and technical pitfalls. Whether you're drafting bills, regulations, or policy documents, "Crafting the Law" equips you with the tools to translate ideas into actionable laws. With case studies, real-world examples, and actionable advice, this book is a valuable resource for anyone involved in lawmaking. Whether you're a beginner or seasoned professional, "Crafting the Law" will empower you to draft legislation that makes a difference.
Author: Michael K. Romano
Publisher: Routledge
ISBN: 0429867867
Category : Political Science
Languages : en
Pages : 194
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Book Description
Written opinions are the primary means by which judges communicate with external actors. These sentiments include the parties to the case itself, but also more broadly journalists, public officials, lawyers, other judges, and increasingly, the mass public. In Creating the Law, Michael K. Romano and Todd A. Curry examine the extent to which judges tailor their language in order to avoid retribution during their retention, and how institutional variations involving intra-chamber dynamics may influence the written word of a legal opinion. Using an extensive dataset that includes the text of all death penalty and education decisions issued by state supreme courts from 1995–2010, Romano and Curry are the first to examine the connection between retention incentives and language choices. They utilize text analysis techniques developed in the field of communications and apply them to the text of judicial decisions. In doing so, they find that judges write with their audience in mind, and emphasize duelling strategies of justification and persuasion in order to please diverse audiences that may be paying attention. Furthermore, the process of drafting a majority opinion is a team exercise, and when more individuals are involved in its crafting, the product will reflect this complexity. This book gives students the tools for understanding how institutional variation affects judicial outcomes and shows how language relates to decision-making in the judiciary more specifically.
Author: Kali N. Murray
Publisher: Routledge
ISBN: 0415565170
Category : Business & Economics
Languages : en
Pages : 146
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Book Description
This book examines how national, regional and international patent law can better respond to the interests of a diverse set of non-profit and public interest entities, and be of more benefit to developing countries. The book sets out a "tool-box" of participatory mechanisms which would foster third party participation in the patent process.
Author: Ted Hamilton
Publisher:
ISBN: 9781682193259
Category :
Languages : en
Pages :
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Book Description
Author: Stephen M. Rice
Publisher: Aspen Publishing
ISBN: 1601566107
Category : Law
Languages : en
Pages : 429
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Book Description
Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.
Author: Brian L. Porto
Publisher: Harcourt Brace College Publishers
ISBN: 9780155036963
Category : Judicial process
Languages : en
Pages : 0
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Book Description
Ideal for courses in constitutional law, judicial process and politics, or law and society, [this book] prepares undergraduates for case analysis and debate by providing systematic instruction in legal language and the legal method.... [The book includes] numerous case examples of the legal method in operation [which] allow students to learn the legal method prior to analyzing cases on their own ... Three helpful appendices explain the structure and jurisdiction of state and federal courts, list the federal appellate circuits, and explain how and where to find the legal sources cited in the book. A comparison of common law and civil traditions shows the unique roots of American law and the values that continue to shape it. -Back cover. [The book] is designed for advanced undergraduates, but beginning law students will also find it useful. -Pref.
Author: Cathy Glaser
Publisher: Anderson Publishing Company (OH)
ISBN:
Category : Law
Languages : en
Pages : 500
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Book Description
For as long as legal writing courses have existed, students have been given large quantities of information all at once. They are then expected to digest it in one large gulp and to "do it." The Lawyer's Craft takes a different approach. The authors of this innovative book take the specific skills required to write a memo or brief and divided them into discrete "building blocks" that can be more easily absorbed by students. The approach to drafting legal documents is highly structured to enable students to see how different parts fit together. Memos and briefs are divided into parts and organized into a required format. The format also provides students with a checklist to consult when constructing legal documents. The Lawyer's Craft recognizes that skills must be practiced to be learned. No matter how carefully students read the text and discuss it in class, they will not be able to learn the material until they actually put it to work. For this reason, The Lawyer's Craft includes numerous examples and exercises. The level of difficulty of the examples and exercises is gradually increased, allowing students to master the basics before moving on to nuances and exceptions. A Teacher's Manual is available to professors.
