A Common Law for the Age of Statutes

A Common Law for the Age of Statutes PDF Author: Guido Calabresi
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770406
Category : Law
Languages : en
Pages : 348

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Book Description
Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).

A Common Law for the Age of Statutes

A Common Law for the Age of Statutes PDF Author: Guido Calabresi
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770406
Category : Law
Languages : en
Pages : 348

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Book Description
Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).

The Statutes and Laws of Harvard College

The Statutes and Laws of Harvard College PDF Author: University Harvard
Publisher:
ISBN: 9783337673451
Category :
Languages : en
Pages : 48

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Book Description


The Nature of the Common Law

The Nature of the Common Law PDF Author: Melvin Aron Eisenberg
Publisher: Harvard University Press
ISBN: 9780674604810
Category : Law
Languages : en
Pages : 220

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Book Description
Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.

The Statutes and Laws of Harvard College

The Statutes and Laws of Harvard College PDF Author: Harvard University
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description


Misreading Law, Misreading Democracy

Misreading Law, Misreading Democracy PDF Author: Victoria Nourse
Publisher: Harvard University Press
ISBN: 0674971418
Category : Art
Languages : en
Pages : 272

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Book Description
Victoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today. Lawmaking creates winners and losers. If lawyers and judges do not understand this, they may embrace the meanings of those who opposed legislation, turning legislative losers into judicial winners and standing democracy on its head.

Statutory Default Rules

Statutory Default Rules PDF Author: Einer Elhauge
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 408

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Book Description
Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. This book focuses on what judges should do once the legal materials fail to resolve the interpretive question.

Judging Under Uncertainty

Judging Under Uncertainty PDF Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 9780674022102
Category : Law
Languages : en
Pages : 356

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Book Description
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

STATUTES & LAWS OF HARVARD COL

STATUTES & LAWS OF HARVARD COL PDF Author: Harvard University
Publisher: Wentworth Press
ISBN: 9781374507586
Category : History
Languages : en
Pages : 48

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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Dynamic Statutory Interpretation

Dynamic Statutory Interpretation PDF Author: William N. Eskridge
Publisher: Harvard University Press
ISBN: 9780674218789
Category : Law
Languages : en
Pages : 460

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Book Description
Contrary to traditional theories of statutory interpretation, which ground statutes in the original legislative text or intent, legal scholar William Eskridge argues that statutory interpretation changes in response to new political alignments, new interpreters, and new ideologies. It does so, first of all, because it involves richer authoritative texts than does either common law or constitutional interpretation: statutes are often complex and have a detailed legislative history. Second, Congress can, and often does, rewrite statutes when it disagrees with their interpretations; and agencies and courts attend to current as well as historical congressional preferences when they interpret statutes. Third, since statutory interpretation is as much agency-centered as judgecentered and since agency executives see their creativity as more legitimate than judges see theirs, statutory interpretation in the modern regulatory state is particularly dynamic. Eskridge also considers how different normative theories of jurisprudence--liberal, legal process, and antiliberal--inform debates about statutory interpretation. He explores what theory of statutory interpretation--if any--is required by the rule of law or by democratic theory. Finally, he provides an analytical and jurisprudential history of important debates on statutory interpretation.

Taking Rights Seriously

Taking Rights Seriously PDF Author: Ronald Dworkin
Publisher: A&C Black
ISBN: 1780938330
Category : Philosophy
Languages : en
Pages : 457

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Book Description
A landmark work of political and legal philosophy, Ronald Dworkin's Taking Rights Seriously was acclaimed as a major work on its first publication in 1977 and remains profoundly influential in the 21st century. A forceful statement of liberal principles - championing the legal, moral and political rights of the individual against the state - Dworkin demolishes prevailing utilitarian and legal-positivist approaches to jurisprudence. Developing his own theory of adjudication, he applies this to controversial public issues, from civil disobedience to positive discrimination. Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years.