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Author: Laura Kalman
Publisher: UNC Press Books
ISBN: 1469620758
Category : History
Languages : en
Pages : 277
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Book Description
For more than one hundred years, Harvard's use of the case method of appellate opinions dominated legal education. Deploring the attempt to reduce law to an autonomous system of rules and principles, the realists at Yale developed a functional approach to the discipline--one that stressed the factual context of the case rather than the legal principles it raised, one that attempted to address issues of social policy by integrating law with the social sciences. Originally published 1986. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: Laura Kalman
Publisher: UNC Press Books
ISBN: 1469620758
Category : History
Languages : en
Pages : 277
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Book Description
For more than one hundred years, Harvard's use of the case method of appellate opinions dominated legal education. Deploring the attempt to reduce law to an autonomous system of rules and principles, the realists at Yale developed a functional approach to the discipline--one that stressed the factual context of the case rather than the legal principles it raised, one that attempted to address issues of social policy by integrating law with the social sciences. Originally published 1986. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author: Morton J. Horwitz
Publisher:
ISBN:
Category :
Languages : en
Pages : 299
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Book Description
Author: Laura Kalman
Publisher: Univ of North Carolina Press
ISBN: 0807876887
Category : Law
Languages : en
Pages : 484
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Book Description
The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with Yale's past and with the social climate in which they lived. During a charged moment in the history of the United States, activists challenged senior professors, and the resulting clash pitted young against old in a very human story. By demanding changes in admissions, curriculum, grading, and law practice, Laura Kalman argues, these students transformed Yale Law School and the future of American legal education. Inspired by Yale's legal realists of the 1930s, Yale law students between 1967 and 1970 spawned a movement that celebrated participatory democracy, black power, feminism, and the counterculture. After these students left, the repercussions hobbled the school for years. Senior law professors decided against retaining six junior scholars who had witnessed their conflict with the students in the early 1970s, shifted the school's academic focus from sociology to economics, and steered clear of critical legal studies. Ironically, explains Kalman, students of the 1960s helped to create a culture of timidity until an imaginative dean in the 1980s tapped into and domesticated the spirit of the sixties, helping to make Yale's current celebrity possible.
Author: Laura Kalman
Publisher:
ISBN:
Category : Education, Higher
Languages : en
Pages : 597
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Book Description
Author: Gerard G. Gold
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 250
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Book Description
Author: Laura Kalman
Publisher: Oxford University Press
ISBN: 019995822X
Category : History
Languages : en
Pages : 489
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Book Description
"Americans often hear that Presidential elections are about "who controls" the Supreme Court. In The Long Reach of the Sixties, eminent legal historian Laura Kalman focuses on the period between 1965 and 1971, when Presidents Johnson and Nixon launched the most ambitious effort to do so since Franklin Roosevelt tried to pack it with additional justices. Those six years-- the apex of the Warren Court, often described as the most liberal in American history, and the dawn of the Burger Court--saw two successful Supreme Court nominations and two failed ones by LBJ, four successful nominations and two failed ones by Nixon, the first resignation of a Supreme Court justice as a result of White House pressure, and the attempted impeachment of another. Using LBJ and Nixon's telephone conversations and a wealth of archival collections, Kalman roots their efforts to mold the Court in their desire to protect their Presidencies, and she sets the contests over it within the broader context of a struggle between the executive, judicial and legislative branches of government. The battles that ensued transformed the meaning of the Warren Court in American memory. Despite the fact that the Court's work generally reflected public opinion, these fights calcified the image of the Warren Court as "activist" and "liberal" in one of the places that image hurts the most--the contemporary Supreme Court appointment process. To this day, the term "activist Warren Court" has totemic power among conservatives. Kalman has a second purpose as well: to explain how the battles of the sixties changed the Court itself as an institution in the long term and to trace the ways in which the 1965-71 period has haunted--indeed scarred--the Supreme Court appointments process"--
Author: Justin Zaremby
Publisher: Bloomsbury Publishing USA
ISBN: 1441135723
Category : Political Science
Languages : en
Pages : 192
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Book Description
In the first part of the 20th century, a group of law scholars offered engaging, and occasionally disconcerting, views on the role of judges and the relationship between law and politics in the United States. These legal realists borrowed methods from the social sciences to carefully study the law as experienced by lawyers, judges, and average citizens and promoted a progressive vision for American law and society. Legal realism investigated the nature of legal reasoning, the purpose of law, and the role of judges. The movement asked questions which reshaped the study of jurisprudence and continue to drive lively debates about the law and politics in classrooms, courtrooms, and even the halls of Congress. This thorough analysis provides an introduction to the ideas, context, and leading personalities of legal realism. It helps situate an important movement in legal theory in the context of American politics and political thought and will be of great interest to students of judicial politics, American constitutional development, and political theory.
Author: William D. Popkin
Publisher: NYU Press
ISBN: 0814767265
Category : Law
Languages : en
Pages : 310
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Book Description
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Author: Laura Kalman
Publisher: Oxford University Press
ISBN: 0197539319
Category : Law
Languages : en
Pages : 441
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Book Description
A comprehensive, engaging, and revisionist account of the Court fight that ties it to contemporary policy debates. In the last past few years, liberals concerned about the prospect of long-term conservative dominance of the federal courts have revived an idea that famously crashed and burned in the 1930s: court packing. Not surprisingly, today's court packing advocates have run into a wall of opposition, with most citing the 1930s episode as one FDR's greatest failures. In early 1937, Roosevelt-fresh off a landslide victory-stunned the country when he proposed a plan to expand the size of the court by up to six justices. Today, that scheme is generally seen as an act of hubris-an instance where FDR failed to read Congress and the public properly. In FDR's Gambit, the eminent legal historian Laura Kalman challenges the conventional wisdom by telling the story as it unfolded, without the distortions of hindsight. Indeed, while scholars have portrayed the Court Bill as the ill-fated brainchild of a hubristic President made overbold by victory, Kalman argues to the contrary that acumen, not arrogance, accounted for Roosevelt's actions. Far from erring tragically from the beginning, FDR came very close to getting additional justices, and the Court itself changed course. As Kalman shows, the episode suggests that proposing a change in the Court might give the justices reason to consider whether their present course is endangering the institution and its vital role in a liberal democracy. Based on extensive archival research, FDR's Gambit offers a novel perspective on the long-term effects of court packing's failure, as a legacy that remains with us today. Whether or not it is the right remedy for today's troubles, Kalman argues that court packing does not deserve to be recalled as one fated for failure in 1937.
Author: Paul Finkelman
Publisher: Routledge
ISBN: 1135947058
Category : Law
Languages : en
Pages : 2194
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Book Description
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.
