This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.
This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.
This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflects broader American intellectual and cultural concerns.
A renowned legal historian's collection of astute and timeless essays on such subjects as the process, method and debates of legal history; the truth about Holmes and Brandeis; legal realism & its critics; the origins of tort law; appellate opinions as research sources; Brown v. Board and the role of Earl Warren; and the development of gay rights in U.S. constitutional law. Quality digital format.
Traces the history of the writ of habeas corpus and its influence on federal-state relations.
Of Studies in Legal Education (1929) / Edited by Herman Oliphant. "Institute Priests and Yale Observers - A Reply to Dean Goodrich" (1936) / Thurman W. Arnold. "Goodbye to Law Reviews" (1936) / Fred Rodell.
This controversial book explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, the author considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the lottery as a legal decision-making device has generally been underestimated. The final chapter of the book considers how lotteries might be combined with other decision-mechanisms and suggests that it may sometimes be sensible to require that adjudication takes place in the shadow of the lottery.
Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.
The fifth edition of this classic text presents a concise study of the United States government in the 1990's, highlighting the constitutional implications of the current debate among anti-government revolutionaries, privatizers, and government reinventors about the governments purpose. It analyzes the legal, political, and organizational consequences of arguments which contend that there has ceased to be a realistic distinction between what is public and what is private. Seidman demonstrates how control of regulations, rather than structure, has become the center of the struggle for position and power, and by describing the logic behind the politics that influence federal agencies, he provides a detailed account of the limits of government performance and the most appropriate instruments for improvement. Completely updated and revised to cover such significant developments as the Clinton-Gore National Performance Review and the Gingrich revolution, this text shows how structural reorganization and procedures may be used to achieve political purposes and to alter the balance of power among the president, congress, judiciary, and interest groups. A provocative chapter entitled Amputation Before Diagnosis is critical in explaining the failure to relate proposed reforms to specific strategic goals. With its sound scholarship and unique personal insights, this new edition of Politics, Position, and Power is not only an ideal text for political science courses focusing on public administration, it is also an essential resource for understanding present trends in American government and public administration.
Examines the judicial philosophy of Supreme Court Justice Anthony M. Kennedy, who has been the critical swing vote on the Court for the last 20 years.
The intellectual development of American legal thought has progressed remarkably quickly form the nation's founding through today. Stephen Feldman traces this development through the lens of broader intellectual movements and in this work applies the concepts of premodernism, modernism, and postmodernism to legal thought, using examples or significant cases from Supreme Court history. Comprehensive and accessible, this single volume provides an overview of the evolution of American legal thought up to the present.
"This is an important, concise, and well-written book that provides readers with bold insights into the converging patterns of jurisprudence in the field of election law in Canada and the United States." - Cynthia Ostberg, University of the Pacific
This overview of the system of law and government in the United States is a revision of the successful "Equal Justice Under the Law", that provides the conceptual tools needed to prepare individuals for their roles as citizens, paralegals, lawyers, teachers, law enforcement agents, government employees, and judges.ALSO AVAILABLEINSTRUCTOR SUPPLEMENTS CALL CUSTOMER SUPPORT TO ORDERInstructor’s Manual, ISBN: 0-7668-1741-5COMING SOONWest Paralegal Comprehensive CTB-2000-II, ISBN: 0-7668-1773-3
Was slavery over when slaves gained formal emancipation? Was it over when the social, economic, and political situation for African Americans no longer mimicked the conditions of slavery? If the Thirteenth Amendment abolished it in 1865, why did most of the disputed points during the Reconstruction debates of 1866-75 concern issues of slavery? In this book Pamela Brandwein examines the post-Civil War struggle between competing political and legal interpretations of slavery and Reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, Reconstructing Reconstruction will interest legal historians and scholars of constitutional law, American history, race and ethnicity, political theory, and the sociology of law.
This volume covers American law from the earliest settlement and colonization of North America.
Throughout American history, the discourse of civility has proven quite resilient, and concern for a perceived lack of civility has ebbed and flowed in recognizable patterns. Today we are in another era in which political leaders and commentators bemoan a crisis of incivility and warn of civility's demise. Civility, Legality, and Justice in America charts the uses of civility in American legal and political discourse. How important is civility as a legal and political virtue? How does it fare when it is juxtaposed with the claim that it masks injustice? Who advocates civility and to what effect? How are battles over civility played out in legal and political arenas? This book brings the work of several distinguished scholars together to critically assess the relative claims of civility and justice and the way law the weighs those virtues.
This popular one-volume analysis of the evolution of American criminal justice places contemporary issues of crime and justice in historical perspective. Walker identifies the major periods in the development of the American system of criminal justice, from the small institutions of the colonial period to the creation of the police, the prison, and the juvenile court in the nineteenth century and the search for professionalism in the twentieth century. He argues that the democratic tradition is responsible for the worst as well as the best in the history of criminal justice in the United States. Offering a challenging perspective on current controversies in the administration of criminal justice in light of historical origins, the author explores the evolving conflict between the advocates of crime control and the advocates of due process.Now in its second edition, Popular Justice has been completely revised to include the most recent scholarship on crime and justice. Walker has updated his analysis of the history of American criminal justice and explores the tension between popular passions and the rule of law. He examines changing patterns in criminal activity, the institutional development of the system of criminal justice, and the major issues concerning the administration of justice. Timely and comprehensive, this text will be useful for courses in criminal justice, legal history, and criminology.
In a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment. The detailed evidence assembled here shows that eighteenth-century Americans almost never invoked this principle. Although Thomas Jefferson and others retrospectively claimed that the First Amendment separated church and state, separation became part of American constitutional law only much later. Hamburger shows that separation became a constitutional freedom largely through fear and prejudice. Jefferson supported separation out of hostility to the Federalist clergy of New England. Nativist Protestants (ranging from nineteenth-century Know Nothings to twentieth-century members of the K.K.K.) adopted the principle of separation to restrict the role of Catholics in public life. Gradually, these Protestants were joined by theologically liberal, anti-Christian secularists, who hoped that separation would limit Christianity and all other distinct religions. Eventually, a wide range of men and women called for separation. Almost all of these Americans feared ecclesiastical authority, particularly that of the Catholic Church, and, in response to their fears, they increasingly perceived religious liberty to require a separation of church from state. American religious liberty was thus redefined and even transformed. In the process, the First Amendment was often used as an instrument of intolerance and discrimination.
Dilemmas of Modernity provides an innovative approach to the study of contemporary Bolivia, moving telescopically between social, political, legal, and discursive analyses, and drawing from a range of disciplinary traditions. Based on a decade of research, it offers an account of local encounters with law and liberalism. Mark Goodale presents, through a series of finely grained readings, a window into the lives of people in rural areas of Latin America who are playing a crucial role in the emergence of postcolonial states. The book contends that the contemporary Bolivian experience is best understood by examining historical patterns of intention as they emerge from everyday practices. It provides a compelling case study of the appropriation and reconstruction of transnational law at the local level, and gives key insights into this important South American country.

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