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The Legal Process
Hart & Sacks' The Legal Process: Basic Problems in the Making and Application of Law provides detailed information on the making and application of law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
The Canon of American Legal Thought
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 di...
In the Name of Justice
Judges and legal scholars explore the state of criminal law today and offer examinations of key issues, including suicide terrorism, drug legalization, and the reach of federal criminal liability. From publisher description.
Brandeis and the Progressive Constitution
During the twentieth century, and particularly between the 1930s and 1950s, ideas about the nature of constitutional government, the legitimacy of judicial lawmaking, and the proper role of the federal courts evolved and shifted. This book focuses on Supreme Court justice Louis D. Brandeis and his opinion in the 1938 landmark case Erie Railroad Co. v. Tompkins, which resulted in a significant relocation of power from federal to state courts. Distinguished legal historian Edward A. Purcell, Jr., shows how the Erie case provides a window on the legal, political, and ideological battles over the federal courts in the New Deal era. Purcell also offers an in-depth study of Brandeis's constitution...
Criminal Law
Criminal Justice / Law Enforcement
Limits
"An excellent resource for entry-level courses on bioethics for health care practitioners, law students, and physicians." -- Choice "Dworkin's provocative arguments... will challenge readers who have come to accept the law's intrusion as a necessary response to biomedical advances." -- New England Journal of Medicine "Important and refreshing. Dworkin's conclusions regarding the limited role of law (and especially legislation) may come as a surprise to many.... When popular and political views are almost evenly divided, looking to legislation for a solution is a mistake." -- Walter Wadlington The ethical and social dilemmas associated with abortion, sterilization, assisted reproduction, genetics, death and dying, and biomedical research have led many to turn to the legal system for solutions. Rogert Dworkin argues that resort to law often overlooks the limitations of legal institutions, and he suggests a more limited use of the legal system will produce more effective resolution of bioethical dilemmas.
The Intellectual Sword
A history of Harvard Law School in the twentieth century, focusing on the school’s precipitous decline prior to 1945 and its dramatic postwar resurgence amid national crises and internal discord. By the late nineteenth century, Harvard Law School had transformed legal education and become the preeminent professional school in the nation. But in the early 1900s, HLS came to the brink of financial failure and lagged its peers in scholarly innovation. It also honed an aggressive intellectual culture famously described by Learned Hand: “In the universe of truth, they lived by the sword. They asked no quarter of absolutes, and they gave none.” After World War II, however, HLS roared back. I...
Sharpening the Legal Mind
The way lawyers think about the law can seem deeply mysterious. They see nuance and meaning in statutes and implications in judicial opinions that are opaque to the rest of us. Accessible and thought provoking, Sharpening the Legal Mind explains how lawyers analyze the cases and controversies that come before the courts. Written by William Powers Jr., the former president of the University of Texas at Austin, this book is an authoritative introduction to the academic study of law and legal reasoning, including insights into the philosophy of law and the intellectual history of legal thought. Powers discusses the methods lawyers use to interpret the law, the relation between law and morals, and the role of courts in shaping the law. In eight chapters, he follows the historical debate on these issues and others through different generations and movements in American legal thought—formalism, realism, positivism—to critical legal studies and postmodern theory. The perfect read for anyone looking for a primer on legal reasoning, Sharpening the Legal Mind demystifies the debates and approaches to thinking like a lawyer that profoundly influence the rule of law in our lives.
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