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The Opening of American Law

The Opening of American Law Author Herbert Hovenkamp
ISBN-10 9780199331307
Release 2014
Pages 460
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Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.



The Jurisprudence of Style

The Jurisprudence of Style Author Justin Desautels-Stein
ISBN-10 9781107156654
Release 2018-02-22
Pages 332
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Offers a structuralist critique of the relationship between pragmatism and liberalism in American legal thought.



Illiberal Reformers

Illiberal Reformers Author Thomas C. Leonard
ISBN-10 9781400874071
Release 2016-01-12
Pages 264
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In Illiberal Reformers, Thomas Leonard reexamines the economic progressives whose ideas and reform agenda underwrote the Progressive Era dismantling of laissez-faire and the creation of the regulatory welfare state, which, they believed, would humanize and rationalize industrial capitalism. But not for all. Academic social scientists such as Richard T. Ely, John R. Commons, and Edward A. Ross, together with their reform allies in social work, charity, journalism, and law, played a pivotal role in establishing minimum-wage and maximum-hours laws, workmen's compensation, antitrust regulation, and other hallmarks of the regulatory welfare state. But even as they offered uplift to some, economic progressives advocated exclusion for others, and did both in the name of progress. Leonard meticulously reconstructs the influence of Darwinism, racial science, and eugenics on scholars and activists of the late nineteenth and early twentieth centuries, revealing a reform community deeply ambivalent about America's poor. Illiberal Reformers shows that the intellectual champions of the regulatory welfare state proposed using it not to help those they portrayed as hereditary inferiors but to exclude them.



American Amnesia

American Amnesia Author Jacob S. Hacker
ISBN-10 9781451667837
Release 2017-02-14
Pages 464
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"A spirited examination of why what's good for American business elites and what's good for Americans have become misaligned"--Front jacket flap.



Antitrust Law Policy and Procedure

Antitrust Law  Policy  and Procedure Author E. Thomas Sullivan
ISBN-10 1630430153
Release 2014
Pages 1164
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Antitrust Law Policy and Procedure has been writing in one form or another for most of life. You can find so many inspiration from Antitrust Law Policy and Procedure also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Antitrust Law Policy and Procedure book for free.



Why Government Fails So Often

Why Government Fails So Often Author Peter H. Schuck
ISBN-10 9781400850044
Release 2014-03-23
Pages 488
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From healthcare to workplace and campus conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. Ineffective policies are caused by deep structural factors regardless of which party is in charge, bringing our government into ever-worsening disrepute. Understanding why government fails so often—and how it might become more effective—is a vital responsibility of citizenship. In this book, lawyer and political scientist Peter Schuck provides a wide range of examples and an enormous body of evidence to explain why so many domestic policies go awry—and how to right the foundering ship of state. An urgent call for reform, Why Government Fails So Often is essential reading for anyone curious about why government is in such a disgraceful state and how it can do better.



Creation without Restraint

Creation without Restraint Author Christina Bohannan
ISBN-10 9780199813490
Release 2012-01-13
Pages 440
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Creation without Restraint: Promoting Liberty and Rivalry in Innovation analyzes the current state of competition (antitrust) and intellectual property laws, and proposes realistic reforms that will encourage innovation. As with antitrust and a reform process that aligned injury requirements in lawsuits with the incentive to compete, this book proposes similar reforms for patent and copyright law, and considers both the uses and limitations of antitrust as a vehicle for intellectual property law reform.



Seattle University law review

Seattle University law review Author
ISBN-10 UCAL:B5101993
Release 2004
Pages
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Seattle University law review has been writing in one form or another for most of life. You can find so many inspiration from Seattle University law review also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Seattle University law review book for free.



The New Law and Economic Development

The New Law and Economic Development Author David M. Trubek
ISBN-10 9781139458665
Release 2006-08-21
Pages
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This book is a collection of essays that identify and analyze a new phase in thinking about the role of law in economic development and in the practices of development agencies that support law reform. The authors trace the history of theory and doctrine in this field, relating it to changing ideas about development and its institutional practices. The essays describe a new phase in thinking about the relation between law and economic development and analyze how this rising consensus differs from previous efforts to use law as an instrument to achieve social and economic progress. In analyzing the current phase, these essays also identify tensions and contradictions in current practice. This work is a comprehensive treatment of this emerging paradigm, situating it within the intellectual and historical framework of the most influential development models since World War II.



Law and the Modern Mind

Law and the Modern Mind Author Jerome Frank
ISBN-10 9781351509558
Release 2017-07-12
Pages
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Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.



The Structure of Scientific Revolutions

The Structure of Scientific Revolutions Author Thomas S. Kuhn
ISBN-10 9780226458144
Release 2012-04-18
Pages 264
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A good book may have the power to change the way we see the world, but a great book actually becomes part of our daily consciousness, pervading our thinking to the point that we take it for granted, and we forget how provocative and challenging its ideas once were—and still are. The Structure of Scientific Revolutions is that kind of book. When it was first published in 1962, it was a landmark event in the history and philosophy of science. Fifty years later, it still has many lessons to teach. With The Structure of Scientific Revolutions, Kuhn challenged long-standing linear notions of scientific progress, arguing that transformative ideas don’t arise from the day-to-day, gradual process of experimentation and data accumulation but that the revolutions in science, those breakthrough moments that disrupt accepted thinking and offer unanticipated ideas, occur outside of “normal science,” as he called it. Though Kuhn was writing when physics ruled the sciences, his ideas on how scientific revolutions bring order to the anomalies that amass over time in research experiments are still instructive in our biotech age. This new edition of Kuhn’s essential work in the history of science includes an insightful introduction by Ian Hacking, which clarifies terms popularized by Kuhn, including paradigm and incommensurability, and applies Kuhn’s ideas to the science of today. Usefully keyed to the separate sections of the book, Hacking’s introduction provides important background information as well as a contemporary context. Newly designed, with an expanded index, this edition will be eagerly welcomed by the next generation of readers seeking to understand the history of our perspectives on science.



The Age of Innocence

The Age of Innocence Author Edith Wharton
ISBN-10 HARVARD:RSL1RR
Release 1920
Pages 364
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The Age of Innocence has been writing in one form or another for most of life. You can find so many inspiration from The Age of Innocence also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Age of Innocence book for free.



Native Claims

Native Claims Author Saliha Belmessous
ISBN-10 9780199794904
Release 2011-10-20
Pages 256
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This groundbreaking collection of essays shows that, from the moment European expansion commenced through to the twentieth century, indigenous peoples from America, Africa, Australia and New Zealand drafted legal strategies to contest dispossession. The story of indigenous resistance to European colonization is well known. But legal resistance has been wrongly understood to be a relatively recent phenomenon. These essays demonstrate how indigenous peoples throughout the world opposed colonization not only with force, but also with ideas. They made claims to territory using legal arguments drawn from their own understanding of a law that applies between peoples - a kind of law of nations, comparable to that being developed by Europeans. The contributors to this volume argue that in the face of indigenous legal arguments, European justifications of colonization should be understood not as an original and originating legal discourse but, at least in part, as a form of counter-claim. Native Claims: Indigenous Law against Empire, 1500-1920 brings together the work of eminent social and legal historians, literary scholars, and philosophers, including Rolena Adorno, Lauren Benton, Duncan Ivison, and Kristin Mann. Their combined expertise makes this volume uniquely expansive in its coverage of a crucial issue in global and colonial history. The various essays treat sixteenth- and seventeenth-century Latin America, seventeenth- and eighteenth-century North America (including the British colonies and French Canada), and nineteenth-century Australasia and Africa. There is no other book that examines the issue of European dispossession of native peoples in such a way.



Griffin on Human Rights

Griffin on Human Rights Author Roger Crisp
ISBN-10 9780199668731
Release 2014
Pages 237
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Human rights are one of the most controversial and widely discussed ideas in contemporary politics, ethics, and law--and one of the most significant contributors to the debate has been James Griffin, formerly White's Professor of Moral Philosophy at the University of Oxford. In his book, On Human Rights, and in other work, Griffin has defended the view that contemporary judicial understandings of human rights rest on an insecure theoretical basis. Thishas had the result that the language of human rights has been over-extended, and consequently has less force where it really matters. On Griffin's view, human rights are best understood as protections of ouragency and personhood, and he argues his case with reference to many real-life human rights cases. This volume collects several of the most significant responses to Griffin by internationally leading moral and political philosophers. It also includes a response by Griffin himself.



Plunder

Plunder Author Ugo Mattei
ISBN-10 9780470695807
Release 2008-04-30
Pages 296
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Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?



Reconstructing Reconstruction

Reconstructing Reconstruction Author Pamela Brandwein
ISBN-10 0822323168
Release 1999
Pages 272
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Was slavery over when slaves gained formal emancipation? Was it over when the social, economic, and political situation for African Americans no longer mimicked the conditions of slavery? If the Thirteenth Amendment abolished it in 1865, why did most of the disputed points during the Reconstruction debates of 1866-75 concern issues of slavery? In this book Pamela Brandwein examines the post-Civil War struggle between competing political and legal interpretations of slavery and Reconstruction to reveal how accepted historical truth was established. Offering a fresh approach to the subject of original intent, Reconstructing Reconstruction will interest legal historians and scholars of constitutional law, American history, race and ethnicity, political theory, and the sociology of law.



Common Law History and Democracy in America 1790 1900

Common Law  History  and Democracy in America  1790   1900 Author Kunal M. Parker
ISBN-10 9781139496360
Release 2011-03-14
Pages
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This book argues for a change in our understanding of the relationships among law, politics and history. Since the turn of the nineteenth century, a certain anti-foundational conception of history has served to undermine law's foundations, such that we tend to think of law as nothing other than a species of politics. Thus viewed, the activity of unelected, common law judges appears to be an encroachment on the space of democracy. However, Kunal M. Parker shows that the world of the nineteenth century looked rather different. Democracy was itself constrained by a sense that history possessed a logic, meaning and direction that democracy could not contravene. In such a world, far from law being seen in opposition to democracy, it was possible to argue that law - specifically, the common law - did a better job than democracy of guiding America along history's path.