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Author: Bruce A. Ackerman
Publisher:
ISBN:
Category : History
Languages : en
Pages : 136
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Book Description
Author: Bruce A. Ackerman
Publisher:
ISBN:
Category : History
Languages : en
Pages : 136
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Book Description
Author: Hanoch Dagan
Publisher: Oxford University Press
ISBN: 0199890692
Category : Law
Languages : en
Pages : 247
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Book Description
This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
Author: Peter W. Bardaglio
Publisher: Univ of North Carolina Press
ISBN: 0807860212
Category : History
Languages : en
Pages : 378
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Book Description
In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.
Author: Eric Lomazoff
Publisher: University of Chicago Press
ISBN: 022657945X
Category : Political Science
Languages : en
Pages : 264
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Book Description
The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.
Author: Martin J. Sklar
Publisher: Cambridge University Press
ISBN: 9780521313827
Category : Antitrust law
Languages : en
Pages : 502
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Book Description
Through an examination of the judicial, legislative, and political aspects of the antitrust debates in 1890 to 1916, Sklar shows that arguments were not only over competition versus combination, but also over the question of the relations between government and the market and the state and society.
Author: Joseph Fishkin
Publisher: Harvard University Press
ISBN: 067498062X
Category : Law
Languages : en
Pages : 641
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Book Description
A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
Author: Pamela Brandwein
Publisher: Duke University Press
ISBN: 9780822323167
Category : History
Languages : en
Pages : 292
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Book Description
Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in
Author: Ḥanokh Dagan
Publisher:
ISBN: 9780199367689
Category : LAW
Languages : en
Pages : 236
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Book Description
The author revives the legal realists' rich account of law as a growing institution accommodating three sets of constitutive tensions-power and reason, science and craft, and tradition and progress, and demonstrates how the major claims attributed to legal realism fit into this conception of law. The book seeks to rein in realist descendants who have become fixated on one aspect of the big picture, and to dispel the misconceptions that those gone astray represent the tradition accurately or that realism is now merely a historical signpost.
Author: W. Lance Bennett
Publisher: Quid Pro Books
ISBN: 1610272307
Category : Law
Languages : en
Pages : 194
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Book Description
Reconstructing Reality in the Courtroom explains what makes stories believable and how ordinary people connect complex legal arguments and evidence presented in trials to assess guilt and innocence. The explanation takes the core elements of narrative—the who, what, where, when, how, why—and shows how average people who hear hundreds of stories every day use the connections between these elements to assess credibility. A series of simple experiments outside the courtroom provides evidence for the explanation, showing that there is little relationship between the actual truth of a story and the degree to which the story is believed to be true by an audience of random listeners not familiar with the teller. So, how do jurors make a particular legal judgment? Based on courtroom observation, trial transcripts, and credibility experiments, Bennett and Feldman create a method of diagramming stories that shows exactly what makes some stories more believable than others. Prosecutors and defense attorneys can use this method of analyzing stories to weigh the strategies and tactics available to them; scholars can use it to assess the process of legal judgment. Now in its Second Edition, this much-cited resource adds a new preface by the authors, as well as new forewords from divergent perspectives. From his experience in law practice, William S. Bailey notes that the book offers “timeless insights” as its authors “adapt a broad structural framework of storytelling to the criminal trial context, making it come alive in the dynamic real world courtroom environment.” Law-and-society scholar Anna-Maria Marshall writes that the book's “emphasis on storytelling will resonate with scholars studying legal consciousness, where narrative plays an important theoretical and methodological role.... This new edition will be a welcome addition to the Law and Society community.” "Reconstructing Reality in the Courtroom is as timely as it was when this classic was first published. Here Bennett and Feldman provide great insight into the importance of storytelling as a basis of justice in American criminal trials. It deserves very wide readership." — Elizabeth F. Loftus Distinguished Professor, University of California, Irvine Author, "Eyewitness Testimony" (1996) "This classic law and society study on the power of legal stories is a rich and compelling empirical analysis of the dynamics of story construction in trials. The book remains an essential resource for law students, litigators, academics, and any others who wish to understand the interpretive significance of the stories told in the courtroom." — Jeannine Bell Professor of Law and Neizer Faculty Fellow, Indiana University Maurer School of Law — Bloomington Author, "Hate Thy Neighbor" (2013) Part of the Classics of Law & Society Series from Quid Pro Books.
Author: Grant M. Hayden
Publisher: Cambridge University Press
ISBN: 1108916198
Category : Law
Languages : en
Pages : 289
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Book Description
Modern corporations contribute to a wide range of contemporary problems, including income inequality, global warming, and the influence of money in politics. Their relentless pursuit of profits, though, is the natural outcome of the doctrine of shareholder primacy. As the consensus around this doctrine crumbles, it has become increasingly clear that the prerogatives of corporate governance have been improperly limited to shareholders. It is time to examine shareholder primacy and its attendant governance features anew, and reorient the literature around the basic purpose of corporations. This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise. Reconstructing the Corporation presents a new model of corporate governance - one that builds on the theory of the firm as well as a novel theory of democratic participation - to support the extension of the corporate franchise to employees.
