Legal Realism at Yale, 1927-1960

Legal Realism at Yale, 1927-1960 PDF Author: Laura Kalman
Publisher: UNC Press Books
ISBN: 1469620758
Category : History
Languages : en
Pages : 277

Get Book Here

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.

Legal Realism at Yale, 1927-1960

Legal Realism at Yale, 1927-1960 PDF Author: Laura Kalman
Publisher: UNC Press Books
ISBN: 1469620758
Category : History
Languages : en
Pages : 277

Get Book Here

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.

Yale Law School and the Sixties

Yale Law School and the Sixties PDF Author: Laura Kalman
Publisher: Univ of North Carolina Press
ISBN: 0807876887
Category : Law
Languages : en
Pages : 484

Get Book Here

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.

The Lost World of Classical Legal Thought

The Lost World of Classical Legal Thought PDF Author: William M. Wiecek
Publisher: Oxford University Press, USA
ISBN: 9780195147131
Category : History
Languages : en
Pages : 300

Get Book Here

Book Description
This volume examines legal ideology in the US from the height of the Gilded Age through the time of the New Deal, when the Supreme Court began to discard orthodox thought in favour of more modernist approaches to law. Wiecek places this era of legal thought in its historical context, integrating social, economic, and intellectual analyses.

The Strange Career of Legal Liberalism

The Strange Career of Legal Liberalism PDF Author: Laura Kalman
Publisher: Yale University Press
ISBN: 9780300076479
Category : Law
Languages : en
Pages : 388

Get Book Here

Book Description
Legal scholarship is in a state of crisis, Laura Kalman argues in this history of the most prestigious field in law studies: constitutional theory. Since the time of the New Deal, says Kalman, most law scholars have identified themselves as liberals who believe in the power of the Supreme Court to effect progressive social change. In recent years, however, new political and interdisciplinary perspectives have undermined the tenets of legal liberalism, and liberal law professors have enlisted other disciplines in the attempt to legitimize their beliefs. Such prominent legal thinkers as Cass Sunstein, Bruce Ackerman, and Frank Michelman have incorporated the work of historians into their legal theories and arguments, turning to eighteenth-century republicanism--which stressed communal values and an active citizenry--to justify their goals. Kalman, a historian and a lawyer, suggests that reliance on history in legal thinking makes sense at a time when the Supreme Court repeatedly declares that it will protect only those liberties rooted in history and tradition. There are pitfalls in interdisciplinary argumentation, she cautions, for historians' reactions to this use of their work have been unenthusiastic and even hostile. Yet lawyers, law professors, and historians have cooperated in some recent Supreme Court cases, and Kalman concludes with a practical examination of the ways they can work together more effectively as social activists.

Law and the Modern Mind

Law and the Modern Mind PDF Author: Jerome Frank
Publisher: Taylor & Francis
ISBN: 135150956X
Category : Law
Languages : en
Pages : 449

Get Book Here

Book Description
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.

The Problematics of Moral and Legal Theory

The Problematics of Moral and Legal Theory PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042230
Category : Law
Languages : en
Pages : 338

Get Book Here

Book Description
Ambitious legal thinkers have become mesmerized by moral philosophy, believing that great figures in the philosophical tradition hold the keys to understanding and improving law and justice and even to resolving the most contentious issues of constitutional law. They are wrong, contends Richard Posner in this book. Posner characterizes the current preoccupation with moral and constitutional theory as the latest form of legal mystification--an evasion of the real need of American law, which is for a greater understanding of the social, economic, and political facts out of which great legal controversies arise. In pursuit of that understanding, Posner advocates a rebuilding of the law on the pragmatic basis of open-minded and systematic empirical inquiry and the rejection of cant and nostalgia--the true professionalism foreseen by Oliver Wendell Holmes a century ago. A bracing book that pulls no punches and leaves no pieties unpunctured or sacred cows unkicked, The Problematics of Moral and Legal Theory offers a sweeping tour of the current scene in legal studies--and a hopeful prospect for its future.

A Culture of Rights

A Culture of Rights PDF Author: Michael James Lacey
Publisher: Cambridge University Press
ISBN: 9780521446532
Category : History
Languages : en
Pages : 492

Get Book Here

Book Description
The essays in this volume provide insights into the rights thinking and consciousness at the core of American political culture.

Empire of Deception

Empire of Deception PDF Author: Dean Jobb
Publisher: Algonquin Books
ISBN: 1616205350
Category : History
Languages : en
Pages : 353

Get Book Here

Book Description
It was a time of unregulated madness. And nowhere was it madder than in Chicago at the dawn of the Roaring Twenties. Enter a slick, smooth-talking, charismatic lawyer named Leo Koretz, who enticed hundreds of people to invest as much as $30 million—upward of $400 million today—in phantom timberland and nonexistent oil wells in Panama. This rip-roaring tale of greed, financial corruption, dirty politics, over-the-top and under-the-radar deceit, illicit sex, and a brilliant and wildly charming con man on the town, then on the lam, is not only a rich and detailed account of a man and an era; it’s a fascinating look at the methods of swindlers throughout history. As Model Ts rumbled down Michigan Avenue, gang-war shootings announced Al Capone’s rise to underworld domination. As bedecked partygoers thronged to the Drake Hotel’s opulent banquet rooms, corrupt politicians held court in thriving speakeasies and the frenzy of stock market gambling was rampant. Leo Koretz was the Bernie Madoff of his day, and Dean Jobb shows us that the American dream of easy wealth is a timeless commodity. ? “A rollicking tale that is one part The Sting, one part The Great Gatsby, and one part The Devil in the White City.” —Karen Abbott, author of Liar, Temptress, Soldier, Spy “Intoxicating and impressively researched, Jobb’s immorality tale provides a sobering post-Madoff reminder that those who think everything is theirs for the taking are destined to be taken.” —The New York Times Book Review “Captivating . . . A story that seems to be as American as it can get, and it’s told well.” —The Christian Science Monitor “A masterpiece of narrative set-up and vivid language . . . Jobb vividly . . . brings the Chicago of the 1880s and ‘90s to life.” —Chicago Tribune “This cautionary tale of 1920s greed and excess reads like it could happen today.” —The Associated Press

The Warren Court

The Warren Court PDF Author: Bernard Schwartz
Publisher: Oxford University Press, USA
ISBN: 0195104390
Category : Appellate courts
Languages : en
Pages : 417

Get Book Here

Book Description
Garrow, and a rare personal remembrance by Justice William J. Brennan, Jr.

Legal Positivism

Legal Positivism PDF Author: Tom D. Campbell
Publisher: Routledge
ISBN: 1351922424
Category : Law
Languages : en
Pages : 551

Get Book Here

Book Description
Despite persistent criticism from a variety of different perspectives including natural law, legal realism and socio-legal studies, legal positivism remains as an enduring theory of law. The essays contained in this volume represent the most balanced responses toward legal positivism and although largely sympathetic, the essays do not fail to criticize elements of the tradition wherever appropriate.