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The Rule Of Law In America

The Rule of Law in America PDF

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Author: Ronald A. Cass
Publisher: JHU Press
ISBN: 9780801874413
Size: 60.36 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 214
View: 7165

Book Description: What is the rule of law? Why does it matter? How well does America conform to the rule of law? And why do Americans, who profess such respect for the law, complain so often about our legal system? Drawing upon extensive experience in law, government service, teaching, and research, Boston University law school dean Ronald Cass offers a welcome contribution to the ongoing public discussion on law and society. After opening his discussion with chapters on the rule of law in American society, Cass turns to the hard case of its application to the president of the United States. Through this prism Cass examines the behavior of judges who may not always act according to a "perfect model." They may not always be perfectly constrained by law or achieve perfect justice through law. That, however, is the wrong thing to ask. Instead, says Cass, "looking at the ordinary case -- and asking not whether the decision advances particular aspirations for society, but whether it conforms to basic aspects of legal authority -- produces a more law-governed view of America judging." In fact, this book provides a much-needed corrective to criticism of the American legal system raised all too frequently by members of the academy and by politicians. Rather than concentrating on relatively minor inconsistencies in the law and slight departures from the ideal of perfectly constrained decision making, Cass argues that the energies of his fellow scholars could be better spent on more serious defects in the legal system. With a special section on the 2000 presidential election, including the Florida recount and Supreme Court decision, The Rule of Law in America offers a timely look at a subject of interest to legal scholars and general readers alike..


Law In America

Law in America PDF

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Author: Lawrence M. Friedman
Publisher: Modern Library
ISBN: 1588362507
Size: 15.74 MB
Format: PDF, Docs
Category : History
Languages : en
Pages : 224
View: 6698

Book Description: “Law in America is a little gem. It is a peerless introduction to our legal history—concise, clear, tellingly told, and beautifully written. The greatest living historian of American law has done it again.” —Stanley N. Katz, former president of the American Society for Legal History and the Organization of American Historians “All societies have laws, but neither all laws nor all legal systems are alike. No one has thought more deeply or written more clearly about the peculiar role of law in American life than Lawrence Friedman. In this trenchant, illuminating book, he distills a lifetime of scholarship and teaching into a concise and provocative explanation of the role that law has played in shaping the distinctive contours of American history and culture.” —David M. Kennedy, professor of history at Stanford University and author of Freedom from Fear Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.


The Law In America A History

The Law in America  a History PDF

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Author: Bernard Schwartz
Publisher: McGraw-Hill Companies
ISBN:
Size: 11.34 MB
Format: PDF, Mobi
Category : Law
Languages : en
Pages : 382
View: 7248

Book Description: A concise historical survey of the evolution of America's legal system and institutions.


Communication Law In America

Communication Law in America PDF

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Author: Paul Siegel
Publisher: paul siegel
ISBN: 9780742553873
Size: 63.97 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 616
View: 3135

Book Description: Siegel's student-friendly approach, lively writing style, and extensive illustrations including case-specific photos and one-of-a-kind cartoons present communication law in a highly accessible way. He gives a clear overview of the American judiciary system and covers the key areas, including First Amendment principles, common laws, constitutional considerations, libel laws, privacy factors, copyright and trademark, advertising, protecting news sources, obscenity laws, broadcast regulations, the Internet, and more. This is an engaging text for courses in communication law and media law.


The Cambridge History Of Law In America

The Cambridge History of Law in America PDF

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Author: Michael Grossberg
Publisher: Cambridge University Press
ISBN: 9781107640887
Size: 75.74 MB
Format: PDF, Mobi
Category : History
Languages : en
Pages : 978
View: 4924

Book Description: Volume III of the Cambridge History of Law in America covers the period from 1920 to the present, 'the American Century'. It charts a century of legal transformations - in the state, in legal thought and education, in professional organization and life, in American federalism and governance, in domestic affairs and international relations. It shows how, politically, socially and culturally, the twentieth century was when law became ubiquitous in American life. Among the themes discussed are innovation in the disciplinary and regulatory use of law, changes wrought by the intersection of law with explosive struggles around race, gender, class and sexuality, the emergence and development of the particularly American legal discourse of 'rights', and the expansion of this discourse to the international arena. The main focus of this last volume of the Cambridge History of Law in America is the accelerating pace of change, change which we can be confident will continue. The Cambridge History of Law in America has been made possible by the generous support of the American Bar Foundation.


Abortion And The Law In America

Abortion and the Law in America PDF

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Author: Mary Ziegler
Publisher: Cambridge University Press
ISBN: 1108587860
Size: 19.31 MB
Format: PDF
Category : Law
Languages : en
Pages :
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Book Description: With the Supreme Court likely to reverse Roe v. Wade, the landmark abortion decision, American debate appears fixated on clashing rights. The first comprehensive legal history of a vital period, Abortion and the Law in America illuminates an entirely different and unexpected shift in the terms of debate. Rather than simply championing rights, those on opposing sides battled about the policy costs and benefits of abortion and laws restricting it. This mostly unknown turn deepened polarization in ways many have missed. Never abandoning their constitutional demands, pro-choice and pro-life advocates increasingly disagreed about the basic facts. Drawing on unexplored records and interviews with key participants, Ziegler complicates the view that the Supreme Court is responsible for the escalation of the conflict. A gripping account of social-movement divides and crucial legal strategies, this book delivers a definitive recent history of an issue that transforms American law and politics to this day.


Family Law In America

Family Law in America PDF

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Author: Sanford N. Katz
Publisher: Oxford University Press, USA
ISBN: 0199759227
Size: 32.22 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages : 304
View: 3583

Book Description: For many years family law was viewed as a study of the regulation of clearly defined relationships of husband and wife and parent and child. In the case of husband and wife, it was through formal legal procedures or informal arrangements called marriage. In the case of parent and child it was either through biology or adoption. Equally defined were the stages by which these relationships were established, maintained, and terminated. However, by the close of the twentieth century, basic questions about who should be officially designated a family member and by what procedure were being raised both in the legislature and in litigation. In addition, conventional models that had defined domestic relations such as marriage, divorce, and adoption were either being expanded to include contemporary patterns of living arrangements and the current reality, or new models were being constructed. In Family Law in America, Professor Sanford N. Katz examines the present state of family law in America. Themes include the tension between individual autonomy and governmental regulation in all aspects of family law, the extent to which relationships established before marriage are being regulated, and how marriage is being redefined to take into account equality of the sexes, and the legal recognition of same-sex marriage in some jurisdictions. It demonstrates how the definition of marriage as a partnership in which the individual spouse's rights are recognized has resulted in protection of the vulnerable spouse. It also examines fault and no-fault divorce procedures and the extent to which these procedures reflect social realities. This volume describes state intervention into the parent and child relationship and how this is reflected in the reexamination of the privacy of the family unit. It concludes with a discussion of the conventional model of adoption of children and how new assisted reproductive technologies are having an impact on family formation, particularly adoption, to take into account new family forms. This second edition captures recent developments affecting family law in America, including the transformation of the institution of marriage from being a relationship between a man and a woman to encompassing same-sex marriage. Also, this new edition features timely material with insights into adoption that take into account developments in assisted reproduction technologies and the discussion of sexual abuse of children by clergy.


The American Heritage History Of The Law In America

The American Heritage History of the Law in America PDF

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Author: Bernard Schwartz
Publisher:
ISBN: 9780070557499
Size: 26.82 MB
Format: PDF, ePub, Docs
Category : Law
Languages : en
Pages : 379
View: 3299

Book Description: Narrative account, emphasizing notable events and personalities within the background of the nation's development.


Religion And The Law In America

Religion and the Law in America PDF

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Author: Scott A. Merriman
Publisher: ABC-CLIO
ISBN: 9781851098637
Size: 28.90 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 547
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Book Description: Provides a collection of essays and alphabetical entries that cover the history of freedom of religion in the United States.


Law In American History Volume Iii

Law in American History  Volume III PDF

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Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0190634952
Size: 26.51 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 584
View: 5691

Book Description: In Law in American History, Volume III: 1930-2000, the eminent legal scholar G. Edward White concludes his sweeping history of law in America, from the colonial era to the near-present. Picking up where his previous volume left off, at the end of the 1920s, White turns his attention to modern developments in both public and private law. One of his findings is that despite the massive changes in American society since the New Deal, some of the landmark constitutional decisions from that period remain salient today. An illustration is the Court's sweeping interpretation of the reach of Congress's power under the Commerce Clause in Wickard v. Filburn (1942), a decision that figured prominently in the Supreme Court's recent decision to uphold the Affordable Care Act. In these formative years of modern American jurisprudence, courts responded to, and affected, the emerging role of the state and federal governments as regulatory and redistributive institutions and the growing participation of the United States in world affairs. They extended their reach into domains they had mostly ignored: foreign policy, executive power, criminal procedure, and the rights of speech, sexuality, and voting. Today, the United States continues to grapple with changing legal issues in each of those domains. Law in American History, Volume III provides an authoritative introduction to how modern American jurisprudence emerged and evolved of the course of the twentieth century, and the impact of law on every major feature of American life in that century. White's two preceding volumes and this one constitute a definitive treatment of the role of law in American history.


Tort Law In America

Tort Law in America PDF

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Author: G. Edward White
Publisher: Oxford University Press, USA
ISBN: 9780195139655
Size: 20.76 MB
Format: PDF, Kindle
Category : Law
Languages : en
Pages : 395
View: 7464

Book Description: G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.


Arbitration Law In America

Arbitration Law in America PDF

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Author: Edward Brunet
Publisher: Cambridge University Press
ISBN: 1107320674
Size: 42.96 MB
Format: PDF, ePub
Category : Law
Languages : en
Pages :
View: 5515

Book Description: Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book, first published in 2006, argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.