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Reading Law Forward

Author : Peter Charles Hoffer
Publisher : University Press of Kansas
Page : 246 pages
File Size : 46,5 MB
Release : 2023-07-14
Category : Law
ISBN : 0700635084

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In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. “In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.

Reading Law

Author : Antonin Scalia
Publisher : West Publishing Company
Page : 0 pages
File Size : 38,39 MB
Release : 2012
Category : Judicial process
ISBN : 9780314275554

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In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Haben

Author : Haben Girma
Publisher : Twelve
Page : 288 pages
File Size : 21,1 MB
Release : 2019-08-06
Category : Biography & Autobiography
ISBN : 1538728710

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The incredible life story of Haben Girma, the first Deafblind graduate of Harvard Law School, and her amazing journey from isolation to the world stage. Haben grew up spending summers with her family in the enchanting Eritrean city of Asmara. There, she discovered courage as she faced off against a bull she couldn't see, and found in herself an abiding strength as she absorbed her parents' harrowing experiences during Eritrea's thirty-year war with Ethiopia. Their refugee story inspired her to embark on a quest for knowledge, traveling the world in search of the secret to belonging. She explored numerous fascinating places, including Mali, where she helped build a school under the scorching Saharan sun. Her many adventures over the years range from the hair-raising to the hilarious. Haben defines disability as an opportunity for innovation. She learned non-visual techniques for everything from dancing salsa to handling an electric saw. She developed a text-to-braille communication system that created an exciting new way to connect with people. Haben pioneered her way through obstacles, graduated from Harvard Law, and now uses her talents to advocate for people with disabilities. Haben takes readers through a thrilling game of blind hide-and-seek in Louisiana, a treacherous climb up an iceberg in Alaska, and a magical moment with President Obama at The White House. Warm, funny, thoughtful, and uplifting, this captivating memoir is a testament to one woman's determination to find the keys to connection. "This autobiography by a millennial Helen Keller teems with grace and grit." -- O Magazine "A profoundly important memoir." -- The Times ** As featured in The Wall Street Journal, People, and on The TODAY Show ** A New York Times "New & Noteworthy" Pick ** An O Magazine "Book of the Month" Pick ** A Publishers Weekly Bestseller **

Forward Together

Author : William J. Barber II
Publisher : Chalice Press
Page : 193 pages
File Size : 15,61 MB
Release : 2014-10-30
Category : Religion
ISBN : 0827244940

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North Carolina's Moral Monday protests have drawn tens of thousands of protestors in what has been called the new Civil Rights Movement. Forward Together: A Moral Message for the Nation shares the theological foundation for the Moral Monday movement, serving as a proclamation of a new American movement seeking equal treatment and opportunity for all regardless of economic status, sexual preference, belief, race, geography, and any other discriminatory bases. The book will also serve as a model for other movements across the country and around the world using North Carolina as a case study, providing useful, practical tips about grassroots organizing and transformative leadership.

A Dictionary of Modern Legal Usage

Author : Bryan A. Garner
Publisher : Oxford University Press, USA
Page : 990 pages
File Size : 17,1 MB
Release : 2001
Category : Business & Economics
ISBN : 9780195142365

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A comprehensive guide to legal style and usage, with practical advice on how to write clear, jargon-free legal prose. Includes style tips as well as definitions.

Law and Economics

Author : Robert Cooter
Publisher : Addison Wesley Publishing Company
Page : 572 pages
File Size : 46,34 MB
Release : 2000
Category : Business & Economics
ISBN :

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Provides students with a method for applying economic analysis to the study of legal rules and institutions. Four key areas of law are covered: property; contracts; torts; and crime and punishment. Added examples and cases help to clarify economic applications further.

The Color of Law: A Forgotten History of How Our Government Segregated America

Author : Richard Rothstein
Publisher : Liveright Publishing
Page : 246 pages
File Size : 28,16 MB
Release : 2017-05-02
Category : Social Science
ISBN : 1631492861

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New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.