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The Yale Law Journal
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The Antitrust Paradox
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Between Truth and Power
This work explores the relationships between legal institutions and political and economic transformation. It argues that as law is enlisted to help produce the profound economic and sociotechnical shifts that have accompanied the emergence of the informational economy, it is changing in fundamental ways.
The Ideological Origins of American Federalism
Federalism is regarded as one of the signal American contributions to modern politics. Its origins are typically traced to the drafting of the Constitution, but the story began decades before the delegates met in Philadelphia. In this groundbreaking book, Alison LaCroix traces the history of American federal thought from its colonial beginnings in scattered provincial responses to British assertions of authority, to its emergence in the late eighteenth century as a normative theory of multilayered government. The core of this new federal ideology was a belief that multiple independent levels of government could legitimately exist within a single polity, and that such an arrangement was not a...
The Words That Made Us
A history of the American Constitution's formative decades from a preeminent legal scholar When the US Constitution won popular approval in 1788, it was the culmination of thirty years of passionate argument over the nature of government. But ratification hardly ended the conversation. For the next half century, ordinary Americans and statesmen alike continued to wrestle with weighty questions in the halls of government and in the pages of newspapers. Should the nation's borders be expanded? Should America allow slavery to spread westward? What rights should Indian nations hold? What was the proper role of the judicial branch? In The Words that Made Us, Akhil Reed Amar unites history and law in a vivid narrative of the biggest constitutional questions early Americans confronted, and he expertly assesses the answers they offered. His account of the document's origins and consolidation is a guide for anyone seeking to properly understand America's Constitution today.
The Case for Same-sex Marriage
Third, same-sex marriage would help civilize America. A civilized polity assures equality for all its citizens. Without full access to the institutions of civic life, gays and lesbians cannot be full participants in the American experience. Gays and lesbians love their country, and have contributed in every way to its flourishing.
51 Imperfect Solutions
51Imperfect Solutions argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting our individual liberties. An underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. The book corrects this imbalance and illustrates the virtues of federalism for all Americans.
Yale Law School and the Sixties
The development of the modern Yale Law School is deeply intertwined with the story of a group of students in the 1960s who worked to unlock democratic visions of law and social change that they associated with Yale's past and with the social climate in which they lived. During a charged moment in the history of the United States, activists challenged senior professors, and the resulting clash pitted young against old in a very human story. By demanding changes in admissions, curriculum, grading, and law practice, Laura Kalman argues, these students transformed Yale Law School and the future of American legal education. Inspired by Yale's legal realists of the 1930s, Yale law students between...
Yale Law Journal: Volume 123, Number 4 - January 2014
The January 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. The contents for Volume 123, Number 4 include: * "Ice Cube Bonds: Allocating the Price of Process in Chapter 11 Bankruptcy," by Melissa B. Jacoby & Edward J. Janger * "The Evolution of Shareholder Voting Rights: Separation of Ownership and Consumption," by Henry Hansmann & Mariana Pargendler * Note, "Vindicating Vindictiveness: Prosecutorial Discretion and Plea Bargaining, Past and Future," by Doug Lieb * Note, "Why Motives Matter: Reframing the Crowding Out Effect of Legal Incentives," by Emad H. Atiq Quality ebook formatting includes fully linked footnotes, active Table of Contents (including linked Contents for individual articles), active URLs in notes, and properly presented tables and graphs throughout.
Evaluation and Legal Theory
If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer the question: to what extent, and in what sense, must a legal theorist make value judgements about his data in order to construct a successful theory of law? Dispelling the obf...
