Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 354
Book Description
The Cornell Law Quarterly
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 354
Book Description
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 354
Book Description
The Cornell Law Quarterly
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 436
Book Description
The Cornell Law Quarterly's contents are topical and intended to be of special relevance to to those practicing law in New York State.
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 436
Book Description
The Cornell Law Quarterly's contents are topical and intended to be of special relevance to to those practicing law in New York State.
A Culture of Fact
Author: Barbara J. Shapiro
Publisher: Cornell University Press
ISBN: 9780801488498
Category : Curiosities and wonders
Languages : en
Pages : 300
Book Description
Shapiro traces the genesis of the fact, a modern concept that originated not in natural science but in legal discourse. She follows the concept's evolution and diffusion across a variety of disciplines in early modern England.
Publisher: Cornell University Press
ISBN: 9780801488498
Category : Curiosities and wonders
Languages : en
Pages : 300
Book Description
Shapiro traces the genesis of the fact, a modern concept that originated not in natural science but in legal discourse. She follows the concept's evolution and diffusion across a variety of disciplines in early modern England.
Sentiment, Reason, and Law
Author: Jeffrey T. Martin
Publisher: Cornell University Press
ISBN: 1501740067
Category : Social Science
Languages : en
Pages : 186
Book Description
What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.
Publisher: Cornell University Press
ISBN: 1501740067
Category : Social Science
Languages : en
Pages : 186
Book Description
What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.
Lawmaking under Pressure
Author: Giovanni Mantilla
Publisher: Cornell University Press
ISBN: 1501752596
Category : Law
Languages : en
Pages : 181
Book Description
In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
Publisher: Cornell University Press
ISBN: 1501752596
Category : Law
Languages : en
Pages : 181
Book Description
In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.
The Canon of American Legal Thought
Author: David Kennedy
Publisher: Princeton University Press
ISBN: 0691186421
Category : Law
Languages : en
Pages : 936
Book Description
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Publisher: Princeton University Press
ISBN: 0691186421
Category : Law
Languages : en
Pages : 936
Book Description
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Crippling Leviathan
Author: Melissa M. Lee Desfor
Publisher: Cornell University Press
ISBN: 1501748378
Category : Political Science
Languages : en
Pages : 350
Book Description
Policymakers worry that "ungoverned spaces" pose dangers to security and development. Why do such spaces exist beyond the authority of the state? Earlier scholarship—which addressed this question with a list of domestic failures—overlooked the crucial role that international politics play. In this shrewd book, Melissa M. Lee argues that foreign subversion undermines state authority and promotes ungoverned space. Enemy governments empower insurgents to destabilize the state and create ungoverned territory. This kind of foreign subversion is a powerful instrument of modern statecraft. But though subversion is less visible and less costly than conventional force, it has insidious effects on governance in the target state. To demonstrate the harmful consequences of foreign subversion for state authority, Crippling Leviathan marshals a wealth of evidence and presents in-depth studies of Russia's relations with the post-Soviet states, Malaysian subversion of the Philippines in the 1970s, and Thai subversion of Vietnamese-occupied Cambodia in the 1980s. The evidence presented by Lee is persuasive: foreign subversion weakens the state. She challenges the conventional wisdom on statebuilding, which has long held that conflict promotes the development of strong, territorially consolidated states. Lee argues instead that conflictual international politics prevents state development and degrades state authority. In addition, Crippling Leviathan illuminates the use of subversion as an underappreciated and important feature of modern statecraft. Rather than resort to war, states resort to subversion. Policymakers interested in ameliorating the consequences of ungoverned space must recognize the international roots that sustain weak statehood.
Publisher: Cornell University Press
ISBN: 1501748378
Category : Political Science
Languages : en
Pages : 350
Book Description
Policymakers worry that "ungoverned spaces" pose dangers to security and development. Why do such spaces exist beyond the authority of the state? Earlier scholarship—which addressed this question with a list of domestic failures—overlooked the crucial role that international politics play. In this shrewd book, Melissa M. Lee argues that foreign subversion undermines state authority and promotes ungoverned space. Enemy governments empower insurgents to destabilize the state and create ungoverned territory. This kind of foreign subversion is a powerful instrument of modern statecraft. But though subversion is less visible and less costly than conventional force, it has insidious effects on governance in the target state. To demonstrate the harmful consequences of foreign subversion for state authority, Crippling Leviathan marshals a wealth of evidence and presents in-depth studies of Russia's relations with the post-Soviet states, Malaysian subversion of the Philippines in the 1970s, and Thai subversion of Vietnamese-occupied Cambodia in the 1980s. The evidence presented by Lee is persuasive: foreign subversion weakens the state. She challenges the conventional wisdom on statebuilding, which has long held that conflict promotes the development of strong, territorially consolidated states. Lee argues instead that conflictual international politics prevents state development and degrades state authority. In addition, Crippling Leviathan illuminates the use of subversion as an underappreciated and important feature of modern statecraft. Rather than resort to war, states resort to subversion. Policymakers interested in ameliorating the consequences of ungoverned space must recognize the international roots that sustain weak statehood.
Alwd Citation Manual
Author: Darby Dickerson
Publisher: Aspen Publishers
ISBN: 9780735595415
Category :
Languages : en
Pages :
Book Description
ALWD Citation Manual: A Professional System of Citation, now in its Fourth Edition, upholds a single and consistent system of citation for all forms of legal writing. Clearly and attractively presented in an easy-to-use format, edited by Darby Dickerson, a leading authority on American legal citation, the ALWD Citation Manual is simply an outstanding teaching tool. Endorsed by the Association of Legal Writing Directors, (ALWD), a nationwide society of legal writing program directors, the ALWD Citation Manual: A Professional System of Citation, features a single, consistent, logical system of citation that can be used for any type of legal document complete coverage of the citation rules that includes: - basic citation - citation for primary and secondary sources - citation of electronic sources - how to incorporate citations into documents - how to quote material and edit quotes properly - court-specific citation formats, commonly used abbreviations, and a sample legal memorandum with proper citation in the Appendices two-color page design that flags key points and highlights examples Fast Formatsquick guides for double-checking citations and Sidebars with facts and tips for avoiding common problems diagrams and charts that illustrate citation style at a glance The Fourth Edition provides facsimiles of research sources that a first-year law student would use, annotated with the elements in each citation and a sample citation for each flexible citation options for (1) the United States as a party to a suit and (2) using contractions in abbreviations new rules addressing citation of interdisciplinary sources (e.g., plays, concerts, operas) and new technology (e.g., Twitter, e-readers, YouTube video) updated examples throughout the text expanded list of law reviews in Appendix 5 Indispensable by design, the ALWD Citation Manual: A Professional System of Citation, Fourth Edition, keeps on getting better
Publisher: Aspen Publishers
ISBN: 9780735595415
Category :
Languages : en
Pages :
Book Description
ALWD Citation Manual: A Professional System of Citation, now in its Fourth Edition, upholds a single and consistent system of citation for all forms of legal writing. Clearly and attractively presented in an easy-to-use format, edited by Darby Dickerson, a leading authority on American legal citation, the ALWD Citation Manual is simply an outstanding teaching tool. Endorsed by the Association of Legal Writing Directors, (ALWD), a nationwide society of legal writing program directors, the ALWD Citation Manual: A Professional System of Citation, features a single, consistent, logical system of citation that can be used for any type of legal document complete coverage of the citation rules that includes: - basic citation - citation for primary and secondary sources - citation of electronic sources - how to incorporate citations into documents - how to quote material and edit quotes properly - court-specific citation formats, commonly used abbreviations, and a sample legal memorandum with proper citation in the Appendices two-color page design that flags key points and highlights examples Fast Formatsquick guides for double-checking citations and Sidebars with facts and tips for avoiding common problems diagrams and charts that illustrate citation style at a glance The Fourth Edition provides facsimiles of research sources that a first-year law student would use, annotated with the elements in each citation and a sample citation for each flexible citation options for (1) the United States as a party to a suit and (2) using contractions in abbreviations new rules addressing citation of interdisciplinary sources (e.g., plays, concerts, operas) and new technology (e.g., Twitter, e-readers, YouTube video) updated examples throughout the text expanded list of law reviews in Appendix 5 Indispensable by design, the ALWD Citation Manual: A Professional System of Citation, Fourth Edition, keeps on getting better
Property and Sovereignty
Author: Professor James Charles Smith
Publisher: Ashgate Publishing, Ltd.
ISBN: 140948470X
Category : Law
Languages : en
Pages : 483
Book Description
This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.
Publisher: Ashgate Publishing, Ltd.
ISBN: 140948470X
Category : Law
Languages : en
Pages : 483
Book Description
This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.
Quarters
Author: John Gilbert McCurdy
Publisher: Cornell University Press
ISBN: 1501736620
Category : History
Languages : en
Pages : 315
Book Description
When Americans declared independence in 1776, they cited King George III "for quartering large bodies of armed troops among us." In Quarters, John Gilbert McCurdy explores the social and political history behind the charge, offering an authoritative account of the housing of British soldiers in America. Providing new interpretations and analysis of the Quartering Act of 1765, McCurdy sheds light on a misunderstood aspect of the American Revolution. Quarters unearths the vivid debate in eighteenth-century America over the meaning of place. It asks why the previously uncontroversial act of accommodating soldiers in one's house became an unconstitutional act. In so doing, Quarters reveals new dimensions of the origins of Americans' right to privacy. It also traces the transformation of military geography in the lead up to independence, asking how barracks changed cities and how attempts to reorder the empire and the borderland led the colonists to imagine a new nation. Quarters emphatically refutes the idea that the Quartering Act forced British soldiers in colonial houses, demonstrates the effectiveness of the Quartering Act at generating revenue, and examines aspects of the law long ignored, such as its application in the backcountry and its role in shaping Canadian provinces. Above all, Quarters argues that the lessons of accommodating British troops outlasted the Revolutionary War, profoundly affecting American notions of place. McCurdy shows that the Quartering Act had significant ramifications, codified in the Third Amendment, for contemporary ideas of the home as a place of domestic privacy, the city as a place without troops, and a nation with a civilian-led military.
Publisher: Cornell University Press
ISBN: 1501736620
Category : History
Languages : en
Pages : 315
Book Description
When Americans declared independence in 1776, they cited King George III "for quartering large bodies of armed troops among us." In Quarters, John Gilbert McCurdy explores the social and political history behind the charge, offering an authoritative account of the housing of British soldiers in America. Providing new interpretations and analysis of the Quartering Act of 1765, McCurdy sheds light on a misunderstood aspect of the American Revolution. Quarters unearths the vivid debate in eighteenth-century America over the meaning of place. It asks why the previously uncontroversial act of accommodating soldiers in one's house became an unconstitutional act. In so doing, Quarters reveals new dimensions of the origins of Americans' right to privacy. It also traces the transformation of military geography in the lead up to independence, asking how barracks changed cities and how attempts to reorder the empire and the borderland led the colonists to imagine a new nation. Quarters emphatically refutes the idea that the Quartering Act forced British soldiers in colonial houses, demonstrates the effectiveness of the Quartering Act at generating revenue, and examines aspects of the law long ignored, such as its application in the backcountry and its role in shaping Canadian provinces. Above all, Quarters argues that the lessons of accommodating British troops outlasted the Revolutionary War, profoundly affecting American notions of place. McCurdy shows that the Quartering Act had significant ramifications, codified in the Third Amendment, for contemporary ideas of the home as a place of domestic privacy, the city as a place without troops, and a nation with a civilian-led military.