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An Introduction to the American Legal System Government and Constitutional Law

An Introduction to the American Legal System  Government  and Constitutional Law Author Diane S. Kaplan
ISBN-10 9781454870951
Release 2015-08-07
Pages 304
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This new coursebook introduces students to the relationship among the American constitutional, governmental, and legal systems. With a clear and concise presentation, this book explores historical and contemporary events, judicial opinions, and constitutional provisions that demonstrate how the three systems accommodate social progress in an ever-changing and highly diverse nation. Perfect for LLM courses or even undergraduate classes, this book aims to teach students how to understand constitutional doctrines, brief judicial opinions, and how American history affects contemporary legal issues. Features: Clear and concise presentation and logical organization of material making it an excellent introductory book to the American legal system Inclusion of modern cases on relevant topics, such as same-sex marriage, legalization of marijuana, and homicidal laws affecting juveniles Chapter questions that facilitate basic legal analysis through hypotheticals, opinion briefing, and application of constitutional provisions Inclusion of important historical and political events, such as lawsuits brought against Presidents, congressional impeachment powers, the Electoral College System, the Supreme Court s resolution of voting issues, the Civil War and post Civil War constitutional amendments, the Civil Rights movement, presidential and congressional war powers, and Supreme Court opinions about Guantanamo Bay detainees



The American Legal System for Foreign Lawyers

The American Legal System for Foreign Lawyers Author Eldon H. Reiley
ISBN-10 1454807253
Release 2012
Pages 507
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Heavily classroom-tested by the authors and other instructors, this powerful teaching tool puts an emphasis on vocabulary and solid learning aids to introduce the American legal system to foreign law students. Focusing on constitutional law, the authors provide in-depth coverage of major issues such as the health care mandate, Arizona immigration law, the Defense of Marriage Act, affirmative action, the Supreme Court citation on international authority and more. The American Legal System for Foreign Lawyers uses contract law to show the continued development of common law and considers the role and function of judges, characterizing the differences between common and civil law. Other important issues are highlighted such as the differences between judicial review of legislation under constitutional challenge, judicial interpretation of statutes, and judicial development and application of common law contract and property law principles. Interesting cases and solid case-reading coverage combine with tables, graphical material, and glossaries to help students grasp United States law. Features of The American Legal System for Foreign Lawyers: Heavily class-room tested by the authors and other instructors In-depth coverage of major issues Health Care Mandate Arizona immigration law Defense of Marriage Act Absorption of the Second Amendment Affirmative Action Supreme Court citation on international authority Uses contract law to show continued development of common law Considers the role and function of judges, characterizing the differences between common and civil law Highlights important differences judicial review of legislation under constitutional challenge judicial interpretation of statutes judicial development and application of common law contract and property law principles Teaching and learning aids tables charts and graphical materials chapter and whole book glossaries Interesting cases and coverage of case-reading



An Introduction to the American Legal System

An Introduction to the American Legal System Author John M. Scheb
ISBN-10 0766827593
Release 2002
Pages 472
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"An Introduction to the American Legal System" is ideal for undergraduate students in legal studies, political science, criminal justice, pre-law, and sociology programs, paralegal programs, as well as for anyone with an interest in the historical and contemporary approaches to law in America.



American Law in a Global Context

American Law in a Global Context Author George P. Fletcher
ISBN-10 0195167236
Release 2005
Pages 682
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Resource added for the Paralegal program 101101.



An Introduction to American Law

An Introduction to American Law Author Gerald Paul McAlinn
ISBN-10 STANFORD:36105063937515
Release 2005
Pages 444
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The fundamental rules, court cases, concepts and trends of each key subject in American law are presented in a narrative tailored to the reader without an American legal background. Each chapter covers a major area of law, summarizes the leading doctrines, analyzes recurring, current and developing trends, highlights areas of contemporary debate, offers streamlined versions of precedent-setting cases, raises questions for further discussion, and lists important vocabulary words.This book is ideal for readers who want to understand the contemporary American legal system at a more than superficial level, but who are not currently studying to become American lawyers. The style, organization and content make the book attractive for such readers as those planning on entering law school; paralegal assistants; students of American law outside of the United States; American undergraduates taking a course in American law and/or in a pre-law program; and graduate level students in subjects other than American law. The size, weight and price of the book are tailored to make the book attractive to students.



An Introduction to the Legal System of the United States

An Introduction to the Legal System of the United States Author Edward Allan Farnsworth
ISBN-10 9780199733101
Release 2010
Pages 227
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An excellent introduction or refresher in the United States legal system for all,especially students and foreign audiences.



Whose Monet

Whose Monet Author John A. Humbach
ISBN-10 9781454876168
Release 2016-01-31
Pages 256
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This extraordinary paperback provides a highly accessible and appealing orientation to the American legal system and presents basic concepts of civil litigation to first-year law students. Whose Monet? An Introduction to the American Legal System focuses on a lengthy dispute over the ownership of a painting as a vehicle for introducing students to the basic law school tasks of reading analytically, understanding legal materials, and working with the common law. The author and his colleagues have used these materials successfully in their classrooms for many years, ensuring their teachability and effectiveness: Whose Monet? can be used as primary course material in orientation courses or seminars, as well as collateral reading for in-semester Legal Process or Civil Procedure courses The organization is logical and straightforward and the accessible writing style--lucid, descriptive, and conversational--is ideal for incoming students The major events in a lawsuit are considered, and the text sheds light on how the law is applied in a civil dispute, introducing common law and statutory law and the various courts and their interrelationship (trial/appellate, state/federal) The author draws on judicial opinions, litigation papers, transcripts, and selections from commentators and various jurisprudential sources, thereby exposing the first-year student to as broad a spectrum of materials as possible Telling the story of a real lawsuit (DeWeerth v. Baldinger)--from client intake through trial and various appeals--draws students into the legal process by means of an engaging narrative and makes for a truly enjoying teaching experience for professors The lawyer's role is examined in both its functional and moral dimensions: What do lawyers do? What does society legitimately expect lawyers to do? This book is suitable for both classroom and stand-alone assigned reading



Legal Reasoning and Political Conflict

Legal Reasoning and Political Conflict Author Cass R. Sunstein
ISBN-10 0195353498
Release 1998-02-26
Pages 240
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The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.



We the Students

We the Students Author Jamin B. Raskin
ISBN-10 9781483319452
Release 2014-07-03
Pages 400
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We the Students is a highly acclaimed resource that has introduced thousands of students to the field of legal studies by covering Supreme Court issues that directly affect them. It examines topics such as students’ access to judicial process; religion in schools; school discipline and punishment; and safety, discrimination and privacy at school. Through meaningful and engagingly written commentary, excerpts of Supreme Court cases (with students as the litigants), and exercises and class projects, author Jamie B. Raskin provides students with the tools they need to gain a deeper appreciation of democratic freedoms and challenges, and underscores their responsibility in preserving constitutional principles. Completely revised and updated, the new, Fourth Edition of We the Students incorporates new Supreme Court cases, new examples, and new exercises to bring constitutional issues to life.



The Guide to U S Legal Analysis and Communication

The Guide to U S  Legal Analysis and Communication Author Deborah B. McGregor
ISBN-10 9781454841562
Release 2015-06-22
Pages 528
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Written primarily for the international lawyer studying law in the United States, this text introduces students to legal analysis and communications used in U.S. legal practice. The book begins with overviews of the U.S. government and court system, the U.S. common law system and the civil litigation process., laying a foundation for understanding the rest of the course. Through clear explanatory text and numerous exercises, The Guide to U.S. Legal Analysis and Communication provides instruction on the types of written and oral communications that international lawyers are most likely to engage in with U.S. lawyers. Topics covered are: drafting an objective legal analysis; writing persuasively and drafting court documents; expository writings, such as client letters, demand letters, and e-mail communications; conducting an oral argument to a court; and properly citing to legal authorities. Key New Features New chapters on persuasive writing, other elements of the office memorandum and writing a brief New chapter on conducting an oral argument Elimination of chapters on contract drafting to make room for new materials requested by adopters while keeping the length of the book manageable



The Practice and Procedure of the Inter American Court of Human Rights

The Practice and Procedure of the Inter American Court of Human Rights Author Jo M. Pasqualucci
ISBN-10 9781107006584
Release 2012-10-15
Pages 410
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A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.



Law s Order

Law s Order Author David D. Friedman
ISBN-10 9781400823475
Release 2001-07-02
Pages 344
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What does economics have to do with law? Suppose legislators propose that armed robbers receive life imprisonment. Editorial pages applaud them for getting tough on crime. Constitutional lawyers raise the issue of cruel and unusual punishment. Legal philosophers ponder questions of justness. An economist, on the other hand, observes that making the punishment for armed robbery the same as that for murder encourages muggers to kill their victims. This is the cut-to-the-chase quality that makes economics not only applicable to the interpretation of law, but beneficial to its crafting. Drawing on numerous commonsense examples, in addition to his extensive knowledge of Chicago-school economics, David D. Friedman offers a spirited defense of the economic view of law. He clarifies the relationship between law and economics in clear prose that is friendly to students, lawyers, and lay readers without sacrificing the intellectual heft of the ideas presented. Friedman is the ideal spokesman for an approach to law that is controversial not because it overturns the conclusions of traditional legal scholars--it can be used to advocate a surprising variety of political positions, including both sides of such contentious issues as capital punishment--but rather because it alters the very nature of their arguments. For example, rather than viewing landlord-tenant law as a matter of favoring landlords over tenants or tenants over landlords, an economic analysis makes clear that a bad law injures both groups in the long run. And unlike traditional legal doctrines, economics offers a unified approach, one that applies the same fundamental ideas to understand and evaluate legal rules in contract, property, crime, tort, and every other category of law, whether in modern day America or other times and places--and systems of non-legal rules, such as social norms, as well. This book will undoubtedly raise the discourse on the increasingly important topic of the economics of law, giving both supporters and critics of the economic perspective a place to organize their ideas.



The Rights Revolution

The Rights Revolution Author Charles R. Epp
ISBN-10 0226211622
Release 1998-10-15
Pages 326
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It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.



Introduction to the Study of U s Law

Introduction to the Study of U s  Law Author Robert Klonoff
ISBN-10 1628101679
Release 2016-05-03
Pages 736
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This book is designed to introduce students to the highlights of the first-year curriculum at a U.S. law school. The first chapter provides an overview of the U.S. legal system. The seven chapters that follow focus on basic foundational subjects: constitutional law, civil procedure, contracts, torts, property, criminal procedure, and criminal law, each in a separate chapter. Although the first chapter consists entirely of articles and other commentary, the other seven chapters consist mainly of edited court decisions. All of the chapters contain notes and questions, highlighting important issues for discussion and providing citations to cases, articles, and other materials for more in-depth study. First, it is designed for international students who are attending a U.S. law school to pursue an LL.M degree or an S.J.D. degree. This book gives such students the opportunity to take an intensive course on U.S. law, thus enabling them to learn the fundamental concepts before taking upper-division courses. Second, this book is designed for international students who want to learn about U.S. law but who are not planning to attend a U.S. law school. U.S. law professors can teach the course in foreign law schools using this text. Also, foreign professors who have been trained at a U.S. law school can teach U.S. law at their home institutions. Third, the book is designed for undergraduate students who are considering law school or who otherwise want to learn basic legal concepts. Such a course could be taught by U.S. law professors at their undergraduate institutions. All such students share a common desire to learn the basics of U.S. law in one course. And all will benefit not only from the substantive materials but also from the experience of learning core subject areas.



Aspen Student Treatise for International Law

Aspen Student Treatise for International Law Author Mark Weston Janis
ISBN-10 9781454877127
Release 2016-01-15
Pages 432
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International Law is a concise paperback that is an ideal student companion guide to any law school casebook on international law. Clearly written and thoughtfully organized around three key concepts, this text orients students in the basics of international law while providing broad coverage of contemporary public policy issues shaping international relations.



Sentencing Law and Policy

Sentencing Law and Policy Author Nora Demleitner
ISBN-10 9781454897699
Release 2018-02-01
Pages 528
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One of the foremost books in Sentencing Law, the new fourth edition continues in the tradition of its predecessors by giving students a comprehensive overview of modern sentencing practices. Authored by leading scholars, this casebook provides thorough examination of underlying doctrine, motivates students to tackle the important policy and political issues that animate sentencing practices, and poses challenging questions and hypotheticals to stimulate class discussion and independent thought. Key Features: More streamlined focus. Material covered in the third edition has been updated and streamlined reducing the length by more than 400 pages. Chapters 7-11 in the previous edition have been expanded and updated and are now available online. Thoroughly updated to address important statutory and case law changes, including important U.S. Supreme Court, U.S. Court of Appeals, state appellate court decisions and recent scholarship. Coverage of modern policy issues, including mass incarceration, prosecutorial and judicial discretion, punishment for drug crimes, revised federal and state sentencing guidelines, racial and other disparities in sentencing, and topics associated with administration of the death penalty. Expanded Teachers Manual with sample syllabi and other supporting materials to help professors construct personalized teaching plans that integrate the text and online materials.



Researching the Law

Researching the Law Author Amy E. Sloan
ISBN-10 1454886498
Release 2017
Pages 168
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Concise new title by the top author in legal research. Focuses on pre-and post-search analysis for effectively filtering vast amounts of material. Teaches students how to identify the most pertinent and authoritative information to solve a legal problem. Features: Concise, reasonably priced new title from the top legal research author. Approaches legal research as a filtering process to identify the most pertinent and authoritative information from vast search results. Part I: Explains how to define a research question; pre-filter content before beginning a search; conduct research; and establish post-search criteria for filtering results. Part II: Describes essential features of individual sources of authority and search strategies unique to each source. Part III: Contains research flowcharts to help students plan research strategy for different types of research projects. Contains all information students need to learn fundamental principles of legal research. Can also be used to complement other texts and classroom materials. Not simply a shorter version of Basic Legal Research. Looks at research as a process of filtering the available information, rather than as a process that requires first choosing the right source of authority to solve a legal problem.