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The Fall and Rise of Freedom of Contract
  • Language: en
  • Pages: 479

The Fall and Rise of Freedom of Contract

  • Categories: Law

Declared dead some twenty-five years ago, the idea of freedom of contract has enjoyed a remarkable intellectual revival. In The Fall and Rise of Freedom of Contract leading scholars in the fields of contract law and law-and-economics analyze the new interest in bargaining freedom. The 1970s was a decade of regulatory triumphalism in North America, marked by a surge in consumer, securities, and environmental regulation. Legal scholars predicted the “death of contract” and its replacement by regulation and reliance-based theories of liability. Instead, we have witnessed the reemergence of free bargaining norms. This revival can be attributed to the rise of law-and-economics, which laid bar...

The Anti-Rent Era in New York Law and Politics, 1839-1865
  • Language: en
  • Pages: 429

The Anti-Rent Era in New York Law and Politics, 1839-1865

  • Categories: Law

A compelling blend of legal and political history, this book chronicles the largest tenant rebellion in U.S. history. From its beginning in the rural villages of eastern New York in 1839 until its collapse in 1865, the Anti-Rent movement impelled the state's governors, legislators, judges, and journalists, as well as delegates to New York's bellwether constitutional convention of 1846, to wrestle with two difficult problems of social policy. One was how to put down violent tenant resistance to the enforcement of landlord property and contract rights. The second was how to abolish the archaic form of land tenure at the root of the rent strike. Charles McCurdy considers the public debate on these questions from a fresh perspective. Instead of treating law and politics as dependent variables--as mirrors of social interests or accelerators of social change--he highlights the manifold ways in which law and politics shaped both the pattern of Anti-Rent violence and the drive for land reform. In the process, he provides a major reinterpretation of the ideas and institutions that diminished the promise of American democracy in the supposed "golden age" of American law and politics.

Report of the Adjutant General
  • Language: en
  • Pages: 750

Report of the Adjutant General

  • Type: Book
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  • Published: 1867
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  • Publisher: Unknown

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Report of the superintendent ...
  • Language: en
  • Pages: 388

Report of the superintendent ...

  • Type: Book
  • -
  • Published: 1882
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  • Publisher: Unknown

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Report of the Superintendent of Public Instruction
  • Language: en
  • Pages: 396

Report of the Superintendent of Public Instruction

  • Type: Book
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  • Published: 1882
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  • Publisher: Unknown

None

Americans Without Law
  • Language: en
  • Pages: 207

Americans Without Law

  • Categories: Law
  • Type: Book
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  • Published: 2008-12
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  • Publisher: NYU Press

Americans Without Law shows how the racial boundaries of civic life are based on widespread perceptions about the relative capacity of minority groups for legal behavior, which Mark S. Weiner calls “juridical racialism.” The book follows the history of this civic discourse by examining the legal status of four minority groups in four successive historical periods: American Indians in the 1880s, Filipinos after the Spanish-American War, Japanese immigrants in the 1920s, and African Americans in the 1940s and 1950s. Weiner reveals the significance of juridical racialism for each group and, in turn, Americans as a whole by examining the work of anthropological social scientists who developed distinctive ways of understanding racial and legal identity, and through decisions of the U.S. Supreme Court that put these ethno-legal views into practice. Combining history, anthropology, and legal analysis, the book argues that the story of juridical racialism shows how race and citizenship served as a nexus for the professionalization of the social sciences, the growth of national state power, economic modernization, and modern practices of the self.

Report of the Secretary
  • Language: en
  • Pages: 696

Report of the Secretary

  • Type: Book
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  • Published: 1882
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  • Publisher: Unknown

None

Constructing Civil Liberties
  • Language: en
  • Pages: 404

Constructing Civil Liberties

This book provides a revisionist account of the genealogy of contemporary constitutional law and morals.

Land Divided by Law
  • Language: en
  • Pages: 387

Land Divided by Law

  • Categories: Law

Wester's environmental history of Yakama and Euro-American cultural interactions during the 19th and early 20th century explores the role of law in both curtailing and promoting rights to subsistence resources within a market economy. Her study, using original source files, case histories, and contemporary writings, particularly describes how the struggle to assert treaty rights both sprang from and impacted the daily lives of the Yakama people. The study is now widely available in this new digital edition (and in paperback), adding a 2014 foreword by Harry Scheiber, professor of law and history at Berkeley. This book, he writes, “is a masterful study of the complex, extended series of con...

Water-supply and Irrigation Papers of the United States Geological Survey
  • Language: en
  • Pages: 750

Water-supply and Irrigation Papers of the United States Geological Survey

  • Type: Book
  • -
  • Published: 1901
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  • Publisher: Unknown

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