Inventing American Exceptionalism

Inventing American Exceptionalism PDF 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

Inventing American Exceptionalism

Inventing American Exceptionalism PDF Author: Amalia D. Kessler
Publisher: Yale University Press
ISBN: 0300198078
Category : History
Languages : en
Pages : 462

Get Book Here

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

Theaters of Pardoning

Theaters of Pardoning PDF Author: Bernadette Meyler
Publisher: Cornell University Press
ISBN: 1501739409
Category : Literary Criticism
Languages : en
Pages : 411

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Book Description
From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.

Affirmative Action in American Law Schools

Affirmative Action in American Law Schools PDF Author: United States Commission on Civil Rights
Publisher:
ISBN:
Category : Affirmative action programs in education
Languages : en
Pages : 228

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Book Description
A briefing before the United States Commission on Civil Rights, held in Washington, D.C., June 16, 2006.

Why Fish Don't Exist

Why Fish Don't Exist PDF Author: Lulu Miller
Publisher: Simon and Schuster
ISBN: 1501160346
Category : Biography & Autobiography
Languages : en
Pages : 256

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Book Description
Nineteenth-century scientist David Starr Jordan built one of the most important fish specimen collections ever seen, until the 1906 San Francisco earthquake shattered his life's work.

Privacy in Context

Privacy in Context PDF Author: Helen Nissenbaum
Publisher: Stanford University Press
ISBN: 0804772894
Category : Law
Languages : en
Pages : 304

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Book Description
Privacy is one of the most urgent issues associated with information technology and digital media. This book claims that what people really care about when they complain and protest that privacy has been violated is not the act of sharing information itself—most people understand that this is crucial to social life —but the inappropriate, improper sharing of information. Arguing that privacy concerns should not be limited solely to concern about control over personal information, Helen Nissenbaum counters that information ought to be distributed and protected according to norms governing distinct social contexts—whether it be workplace, health care, schools, or among family and friends. She warns that basic distinctions between public and private, informing many current privacy policies, in fact obscure more than they clarify. In truth, contemporary information systems should alarm us only when they function without regard for social norms and values, and thereby weaken the fabric of social life.

Cheap Speech

Cheap Speech PDF Author: Richard L. Hasen
Publisher: Yale University Press
ISBN: 0300265255
Category : Political Science
Languages : en
Pages : 260

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Book Description
An informed and practical road map for controlling disinformation, embracing free speech, saving American elections, and protecting democracy "A fresh, persuasive and deeply disturbing overview of the baleful and dangerous impact on the nation of widely disseminated false speech on social media. Richard Hasen, the country’s leading expert about election law, has written this book with flair and clarity.”—Floyd Abrams, author of The Soul of the First Amendment What can be done consistent with the First Amendment to ensure that American voters can make informed election decisions and hold free elections amid a flood of virally spread disinformation and the collapse of local news reporting? How should American society counter the actions of people like former President Donald J. Trump, who used social media to convince millions of his followers to doubt the integrity of U.S. elections and helped foment a violent insurrection? What can we do to minimize disinformation campaigns aimed at suppressing voter turnout? With piercing insight into the current debates over free speech, censorship, and Big Tech’s responsibilities, Richard L. Hasen proposes legal and social measures to restore Americans’ access to reliable information on which democracy depends. In an era when quack COVID treatments and bizarre QAnon theories have entered mainstream, this book explains how to assure both freedom of ideas and a commitment to truth.

Brush with the Law

Brush with the Law PDF Author: Robert Byrnes
Publisher: Renaissance Books
ISBN: 1466882859
Category : Law
Languages : en
Pages : 390

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Book Description
Just how tough are the country's most prestigious law schools? Most alumni would answer with stories of humiliating "Socratic dialogue failures" in the classroom and all-night, caffeine-fueled cram sessions. Until now, the traditional concept of the law-school experience was the one presented in Scott Turow's One-L, published in 1977, a dark description of his first year at Harvard Law School. Twenty-four years later things have definitely changed. Turow's book became the accepted primer--and warning--for aspiring law students, giving them a glimpse of what awaited: grueling nonstop study, brutally competitive classes, endless research, and unfathomable terminology. It described a draconian prison and endless work in the company of equally obsessive, desperate fellow students. Yet, sidestepping terror and intimidation, law students (and new authors) Robert Byrnes and Jaime Marquart entered highly prestigious law schools, did things their own way, earned law degrees, and were hired by a Los Angeles law firm, turning Turow's vision upside down. In their parallel narratives--two twisted, hilarious, blighted, and glorious coming-of-age stories--Byrnes and Marquart explain how they managed to graduate while spending most of their time in the pursuit of pleasure. Byrnes went to Stanford to reinvent himself--after a false start in politics he wanted to explore the life of the mind. It took him virtually no time to discover that the law was neither particularly intriguing nor particularly challenging. He could play around the clock. When Byrnes wasn't biking he was getting drunk and smoking crack. Finding himself when he discovered the right woman, Byrnes finally moved to Los Angeles during his third year and flew upstate only to take final exams. Born and raised in a small town in Texas, Marquart had never lived outside the state before arriving at Harvard. Amazed at his own good luck, he approached school with all due diligence. Disenchantment followed shortly thereafter, and Marquart learned he needn't be intimidated by his classmates and teachers. With a mysterious and bizarre companion--another student called the Kankoos--Jaime took up traveling but devoted most of his energy (and considerable money) to gambling, counting cards in casinos around the country. Irreverent, funny, and downright shocking, Brush with the Law will inspire undergraduates to bone up for the entrance exam, while outraging lawyers and the admissions officers of their beloved alma maters. Upon realizing how easy it was to get good grades, Jaime relates: "I approached my second year with [one] goal . . . take classes that required the least amount of work and the least amount of attendance . . . To accomplish my . . . goal, I devised The System, a short instruction manual on the principles behind selecting and ditching law school classes. The System's goal was to screw off as much as possible, with few if any consequences." --from Brush with the Law

Research Handbook on Big Data Law

Research Handbook on Big Data Law PDF Author: Roland Vogl
Publisher: Edward Elgar Publishing
ISBN: 1788972821
Category : Law
Languages : en
Pages : 544

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Book Description
This state-of-the-art Research Handbook provides an overview of research into, and the scope of current thinking in, the field of big data analytics and the law. It contains a wealth of information to survey the issues surrounding big data analytics in legal settings, as well as legal issues concerning the application of big data techniques in different domains.

Consent to Sexual Relations

Consent to Sexual Relations PDF Author: Alan Wertheimer
Publisher: Cambridge University Press
ISBN: 9780521536110
Category : Law
Languages : en
Pages : 314

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Book Description
An important discussion of philosophical issues surrounding consent to sexual relations.

One L

One L PDF Author: Scott Turow
Publisher: Farrar, Straus and Giroux
ISBN: 1429939567
Category : Biography & Autobiography
Languages : en
Pages : 336

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Book Description
One L, Scott Turow's journal of his first year at law school and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and thought-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are. In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.