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Author: John C. P. Goldberg
Publisher: Harvard University Press
ISBN: 0674246527
Category : Law
Languages : en
Pages : 393
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Book Description
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Author: John C. P. Goldberg
Publisher: Harvard University Press
ISBN: 0674246527
Category : Law
Languages : en
Pages : 393
Get Book Here
Book Description
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Author: Amalia D. Kessler
Publisher: Yale University Press
ISBN: 0300198078
Category : History
Languages : en
Pages : 462
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Book Description
Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Author: Robert A. Katzmann
Publisher: Oxford University Press
ISBN: 0199362149
Category : Law
Languages : en
Pages : 184
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Book Description
In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author: Andrew Guthrie Ferguson
Publisher: NYU Press
ISBN: 1479801623
Category : Law
Languages : en
Pages : 191
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Book Description
Offers one hundred rules that every first year law student should live by “Dear Law Student: Here’s the truth. You belong here.” Law professor Andrew Ferguson and former student Jonathan Yusef Newton open with this statement of reassurance in The Law of Law School. As all former law students and current lawyers can attest, law school is disorienting, overwhelming, and difficult. Unlike other educational institutions, law school is not set up simply to teach a subject. Instead, the first year of law school is set up to teach a skill set and way of thinking, which you then apply to do the work of lawyering. What most first-year students don’t realize is that law school has a code, an unwritten rulebook of decisions and traditions that must be understood in order to succeed. The Law of Law School endeavors to distill this common wisdom into one hundred easily digestible rules. From self-care tips such as “Remove the Drama,” to studying tricks like “Prepare for Class like an Appellate Argument,” topics on exams, classroom expectations, outlining, case briefing, professors, and mental health are all broken down into the rules that form the hidden law of law school. If you don’t have a network of lawyers in your family and are unsure of what to expect, Ferguson and Newton offer a forthright guide to navigating the expectations, challenges, and secrets to first-year success. Jonathan Newton was himself such a non-traditional student and now shares his story as a pathway to a meaningful and positive law school experience. This book is perfect for the soon-to-be law school student or the current 1L and speaks to the growing number of first-generation law students in America.
Author: Eugene Volokh
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 228
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Book Description
Resource added for the Paralegal program 101101.
Author: Jennifer Rothman
Publisher: Harvard University Press
ISBN: 0674986350
Category : Law
Languages : en
Pages : 170
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Book Description
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Author:
Publisher:
ISBN:
Category : Bar associations
Languages : en
Pages : 444
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Book Description
Author: William N. Eskridge
Publisher:
ISBN:
Category : Current Events
Languages : en
Pages : 312
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Book Description
Third, same-sex marriage would help civilize America. A civilized polity assures equality for all its citizens. Without full access to the institutions of civic life, gays and lesbians cannot be full participants in the American experience. Gays and lesbians love their country, and have contributed in every way to its flourishing.
Author: Wes Henricksen
Publisher:
ISBN: 9781594605208
Category : Academic writing
Languages : en
Pages : 0
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Book Description
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.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 650
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Book Description
Vol. 1-14 include the proceedings of the Oregon Bar Association, previously issued separately as: Proceedings of the Oregon Bar Association at its ... annual meeting.
