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Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314184719
Category : Appellate procedure
Languages : en
Pages : 0
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Book Description
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314184719
Category : Appellate procedure
Languages : en
Pages : 0
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Book Description
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Author: Paul W. Kahn
Publisher: Yale University Press
ISBN: 0300212089
Category : Law
Languages : en
Pages : 256
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Book Description
Writing in the tradition of Karl Llewellyn's classic The Bramble Bush, Paul Kahn speaks in this book simultaneously to students and scholars. Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn's exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn's approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.
Author: Sara J. Milstein
Publisher: Oxford University Press
ISBN: 0190911824
Category : Religion
Languages : en
Pages : 217
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Book Description
Outside of the Bible, all of the known Near Eastern law collections were produced in the third to second millennia BCE, in cuneiform on clay tablets, and in major cities in Mesopotamia and in the Hittite Empire. None of the major sites in Syria that have yielded cuneiform tablets has borne even a fragment of a law collection, even though several have produced ample legal documentation. Excavations at Nuzi have also turned up numerous legal documents, but again, no law collection. Even Egypt has not yielded a collection of laws. As such, the biblical texts that scholars regularly identify as law collections represent the only "western," non-cuneiform expressions of the genre in the ancient Near East, produced by societies not known for their political clout, and separated in time from "other" collections by centuries. Making a Case: The Practical Roots of Biblical Law challenges the long-held notion that Israelite and Judahite scribes either made use of "old" law collections or set out to produce law collections in the Near Eastern sense of the genre. Instead, what we call "biblical law" is closer in form and function to another, oft-neglected Mesopotamian genre: legal-pedagogical texts. During their education, Mesopotamian scribes studied a variety of legal-oriented school texts, including sample contracts, fictional cases, short sequences of laws, and legal phrasebooks. When biblical law is viewed in the context of these legal-pedagogical texts from Mesopotamia, its practical roots in a set of comparable legal exercises begin to emerge.
Author: Kathryn M. Olson
Publisher: MSU Press
ISBN: 1609173449
Category : Language Arts & Disciplines
Languages : en
Pages : 399
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Book Description
In an era when the value of the humanities and qualitative inquiry has been questioned in academia and beyond, Making the Case is an engaging and timely collection that brings together a veritable who’s who of public address scholars to illustrate the power of case-based scholarly argument and to demonstrate how critical inquiry into a specific moment speaks to general contexts and theories. Providing both a theoretical framework and a wealth of historically situated texts, Making the Case spans from Homeric Greece to twenty-first-century America. The authors examine the dynamic interplay of texts and their concomitant rhetorical situations by drawing on a number of case studies, including controversial constitutional arguments put forward by activists and presidents in the nineteenth century, inventive economic pivots by Franklin Roosevelt and Alan Greenspan, and the rhetorical trajectory and method of Barack Obama.
Author: Heidi Grasswick
Publisher: State University of New York Press
ISBN: 1438482396
Category : Philosophy
Languages : en
Pages : 431
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Book Description
Making the Case brings together established and emerging philosophers who use case studies to address a variety of contemporary social justice causes. The contributors show both the depth and breadth of work in this area and highlight the distinctive approaches that feminist and critical race theorists, in particular, have pursued. For these theorists, the choice of the kinds of cases analyzed matters, not only pushing philosophy as a field to foreground the challenges facing marginalized groups but also affecting the kind of philosophy that results. This ensures that their theories do not reproduce the conceptual frameworks of dominant groups. By using thickly described cases, as opposed to the thinly described or hypothetical situations that have been the historic mainstay of philosophy, the contributors strive to create philosophy that never strays too far from the complexities of people's lives on the ground. The book provides philosophers with a host of methodologies, theories, and practical examples for use in social justice case work, with topics ranging from census design and gender bias in science to incarceration and the spate of recent police killings of black men and women.
Author: Christopher F. Voehl
Publisher: CRC Press
ISBN: 1040084818
Category : Business & Economics
Languages : en
Pages : 270
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Book Description
The best time to stop projects or programs that will not be successful is before they are ever started. Research has shown that the focused use of realistic business case analysis on proposed initiatives could enable your organization to reduce the amount of project waste and churn (rework) by up to 40 percent, potentially avoiding millions of doll
Author: Robert Leventhal
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110643464
Category : Social Science
Languages : en
Pages : 424
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Book Description
One hundred years before Freud’s striking psychoanalytic case-histories, the narrative psychological case-history emerged in the second half of the eighteenth century in Germany as an epistemic genre (Gianna Pomata) that cut across the disciplines of medicine, philosophy, law, psychology, anthropology and literature. It differed significantly from its predecessors in theology, jurisprudence, and medicine. Rather than subsuming the individual under an established classification, moral precept, category, or type, the narrative psychological case-history endeavored to articulate the individual in its very individuality, thereby constructing a ‘self’ in its irreducible singularity. The presentation and analysis of several significant psychological case-histories, their theory and practice, as well as the controversies surrounding their utility, validity, and function for an envisioned ‘science of the soul’ constitutes the core of the book. Close and ‘distant’ (F. Moretti) readings of key texts and figures in the discussion regarding ‘empirical psychology’ (psychologia empirica), experiential psychology (Erfahrungsseelenkunde) and ‘medical psychology’ (medizinische Psychologie) such as Christian Wolff, J.C. Krüger, J.C. Bolton, Ernst Nicolai, J.A. Unzer, J.G. Sulzer, J.G. Herder, Friedrich Schiller, Jacob Friedrich Abel, Marcus Herz, Karl Philipp Moritz, J.C. Reil, Ernst Platner and Immanuel Kant provide the disciplinary, historical-scientific context within which this genre comes to the fore. As the first systematic argument concerning the early history of this genre, my thesis is that the psychological case-history evolved as part of a pastoral apparatus of care, concern, guidance and direction for what it fashioned as the ‘unique’ individual, as the discursive medium in a process by which the soul became a ‘self’. The narrative psychological case-history was in fact a meta-genre that transcended traditional boundaries of history and fiction, medicine and philosophy, psychology and anthropology, and sought, for the first time, to explicitly link the experience, history, memory, fantasy, previous trauma or suffering of a unique individual to illness, deviance, aberration and crime. In a word, it demonstrated, as Freud later said of his own case-histories in Studies on Hysteria, “the intimate relation between the history of suffering and the symptoms of illness” (“die innige Beziehung zwischen Leidensgeschichte und Krankheitssymptome”). This genre not only had a profound and far-reaching effect on the evolution of German and European literature – one thinks of the rich traditions of the Novella and the Fallgeschichte from Goethe, Büchner, R. L Stevenson, Edgar Allen Poe and Chekhov to Kafka and beyond – but in shaping modern literature, the clinical sciences, and even popular culture. The book should therefore be of interest not merely to Germanists, modern European cultural historians, historians of science, and literary historians, but also those interested in the history of medicine and psychology, the origins of psychoanalysis, the history of anthropology, cultural studies, and, more generally, the history of ideas.
Author: Tina M. Durand
Publisher: Rowman & Littlefield
ISBN: 1475858604
Category : Education
Languages : en
Pages : 209
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Book Description
Race matters in the lives of youth. A new set of politicized, strategic, and public assaults on the teaching of race or other “divisive” concepts in school have had a chilling effect in classrooms across the nation. This poses a threat to students’ right to learn in educational spaces that are accountable for supporting all young people with equity and affirmation. Drawing upon the voices of adolescents in four middle schools, Making the Case for Race in Middle School: Supporting Adolescents and Teachers in Critical Racial Consciousness and Advocacy advances the argument that providing youth with the space and opportunity to think critically about the pervasive dynamics of race in society, and in their own lives, is not partisan, but an essential element of being a teacher in a multiracial democracy. The academic literature on critical multiculturalism, ethnic-racial identity, and anti-racist pedagogy is brought together to provide theoretical and practical direction for educators, with a particular focus on reflective praxis among White classroom teachers. This book is a celebration of the agency of teachers who are committed to supporting students in their racial consciousness and potential for social justice advocacy during early adolescence, when they are unabashedly open, curious, and hopeful in their desire for a better, more inclusive world.
Author: Susan Linn
Publisher: The New Press
ISBN: 1595586563
Category : Family & Relationships
Languages : en
Pages : 273
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Book Description
In The Case for Make Believe, Harvard child psychologist Susan Linn tells the alarming story of childhood under siege in a commercialized and technology-saturated world. Although play is essential to human development and children are born with an innate capacity for make believe, Linn argues that, in modern-day America, nurturing creative play is not only countercultural—it threatens corporate profits. A book with immediate relevance for parents and educators alike, The Case for Make Believe helps readers understand how crucial child's play is—and what parents and educators can do to protect it. At the heart of the book are stories of children at home, in school, and at a therapist's office playing about real-life issues from entering kindergarten to a sibling's death, expressing feelings they can't express directly, and making meaning of an often confusing world. In an era when toys come from television and media companies sell videos as brain-builders for babies, Linn lays out the inextricable links between play, creativity, and health, showing us how and why to preserve the space for make believe that children need to lead fulfilling and meaningful lives.
Author: Mr Ian Gambles
Publisher: Gower Publishing, Ltd.
ISBN: 1409460606
Category : Business & Economics
Languages : en
Pages : 204
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Book Description
A good business case is so much more than simply the means to justify a decision. A well-written and well-researched business case will secure funding; make sure any project stays on the right side of regulation; mobilize support for the cause; provide the platform for managing the project and the benchmark against which to measure progress. Ian Gambles' Making the Business Case shows you how to make sense of the task at hand, develop a strategy, articulate your options, define the benefits, establish the costs, identify the risks and make a compelling case. Just as with the best business cases, the text is concise, jargon-free and easy to read; illustrated throughout with practical examples drawn from real cases and including reflective exercises at the end of each chapter to help you consolidate what you have learned. At only 198 pages long, this is a jewel of a book; essential reading for the manager tasked with making the business case, the senior manager who needs to understand and test it, and the project manager who is responsible for delivering whatever is agreed on.
