The Yale Law Journal
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Author |
: Akhil Reed Amar |
Publisher |
: Basic Books |
Total Pages |
: 816 |
Release |
: 2021-05-04 |
ISBN-10 |
: 9780465096367 |
ISBN-13 |
: 0465096360 |
Rating |
: 4/5 (67 Downloads) |
Synopsis The Words That Made Us by : Akhil Reed Amar
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.
Author |
: Julie E. Cohen |
Publisher |
: Oxford University Press |
Total Pages |
: 377 |
Release |
: 2019 |
ISBN-10 |
: 9780190246693 |
ISBN-13 |
: 0190246693 |
Rating |
: 4/5 (93 Downloads) |
Synopsis Between Truth and Power by : Julie E. Cohen
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.
Author |
: Judge Jeffrey S. Sutton |
Publisher |
: Oxford University Press |
Total Pages |
: 288 |
Release |
: 2018-05-07 |
ISBN-10 |
: 9780190866068 |
ISBN-13 |
: 0190866063 |
Rating |
: 4/5 (68 Downloads) |
Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton 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 individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that 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. In trying to correct this imbalance, the book also offers several ideas for reform.
Author |
: William N. Eskridge |
Publisher |
: |
Total Pages |
: 312 |
Release |
: 1996 |
ISBN-10 |
: UVA:X002759691 |
ISBN-13 |
: |
Rating |
: 4/5 (91 Downloads) |
Synopsis The Case for Same-sex Marriage by : William N. Eskridge
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.
Author |
: Sanford Levinson |
Publisher |
: Oxford University Press |
Total Pages |
: 260 |
Release |
: 2008 |
ISBN-10 |
: 9780195365573 |
ISBN-13 |
: 0195365577 |
Rating |
: 4/5 (73 Downloads) |
Synopsis Our Undemocratic Constitution by : Sanford Levinson
Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
Author |
: Yale Law Journal |
Publisher |
: Quid Pro Books |
Total Pages |
: 264 |
Release |
: 2015-11-04 |
ISBN-10 |
: 9781610278102 |
ISBN-13 |
: 1610278100 |
Rating |
: 4/5 (02 Downloads) |
Synopsis Yale Law Journal: Volume 125, Number 1 - October 2015 by : Yale Law Journal
The contents of the October 2015 issue (Volume 125, Number 1) are: Articles • Against Immutability, by Jessica A. Clarke • The President and Immigration Law Redux, by Adam B. Cox & Cristina M. Rodríguez Essay • Which Way To Nudge? Uncovering Preferences in the Behavioral Age, by Jacob Goldin Note • Saving 60(b)(5): The Future of Institutional Reform Litigation, by Mark Kelley Comment • Interbranch Removal and the Court of Federal Claims: “Agencies in Drag,” by James Anglin Flynn Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for all individual Articles, Notes, and Essays), proper Bluebook formatting, and active URLs in footnotes. This is the first issue of academic year 2015-2016.
Author |
: Alison L. LaCroix |
Publisher |
: Harvard University Press |
Total Pages |
: 321 |
Release |
: 2011-10-15 |
ISBN-10 |
: 9780674062030 |
ISBN-13 |
: 0674062035 |
Rating |
: 4/5 (30 Downloads) |
Synopsis The Ideological Origins of American Federalism by : Alison L. LaCroix
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 defect but a virtue. This belief became a foundational principle and aspiration of the American political enterprise. LaCroix thus challenges the traditional account of republican ideology as the single dominant framework for eighteenth-century American political thought. Understanding the emerging federal ideology returns constitutional thought to the central place that it occupied for the founders. Federalism was not a necessary adaptation to make an already designed system work; it was the system. Connecting the colonial, revolutionary, founding, and early national periods in one story reveals the fundamental reconfigurations of legal and political power that accompanied the formation of the United States. The emergence of American federalism should be understood as a critical ideological development of the period, and this book is essential reading for everyone interested in the American story.
Author |
: David Kennedy |
Publisher |
: Princeton University Press |
Total Pages |
: 936 |
Release |
: 2018-06-05 |
ISBN-10 |
: 9780691186429 |
ISBN-13 |
: 0691186421 |
Rating |
: 4/5 (29 Downloads) |
Synopsis The Canon of American Legal Thought by : David Kennedy
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 distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Author |
: Laura Kalman |
Publisher |
: Univ of North Carolina Press |
Total Pages |
: 484 |
Release |
: 2006-05-18 |
ISBN-10 |
: 9780807876886 |
ISBN-13 |
: 0807876887 |
Rating |
: 4/5 (86 Downloads) |
Synopsis Yale Law School and the Sixties by : Laura Kalman
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 1967 and 1970 spawned a movement that celebrated participatory democracy, black power, feminism, and the counterculture. After these students left, the repercussions hobbled the school for years. Senior law professors decided against retaining six junior scholars who had witnessed their conflict with the students in the early 1970s, shifted the school's academic focus from sociology to economics, and steered clear of critical legal studies. Ironically, explains Kalman, students of the 1960s helped to create a culture of timidity until an imaginative dean in the 1980s tapped into and domesticated the spirit of the sixties, helping to make Yale's current celebrity possible.
Author |
: Yale Law Journal |
Publisher |
: Quid Pro Books |
Total Pages |
: 357 |
Release |
: 2016-02-26 |
ISBN-10 |
: 9781610278164 |
ISBN-13 |
: 161027816X |
Rating |
: 4/5 (64 Downloads) |
Synopsis Yale Law Journal: Volume 125, Number 4 - February 2016 by : Yale Law Journal
This issue of the Yale Law Journal (the fourth issue of academic year 2015-2016) features articles and essays by notable scholars, as well as extensive student research. The issue is dedicated to the memory of Professor Robert A. Burt, with essays in his honor by Robert Post, Owen Fiss, Monroe Price, Martha Minow, Martin Boehmer, Anthony Kronman, Frank Iacobucci, and Andrew David Burt. In addition, the issue's contents include: • Article, "The First Patent Litigation Explosion," Christopher Beauchamp • Article, "The Lost 'Effects' of the Fourth Amendment: Giving Personal Property Due Protection," Maureen E. Brady • Note, "Fifty Shades of Gray: Sentencing Trends in Major White-Collar Cases," Jillian Hewitt • Note, "Present at Antitrust's Creation: Consumer Welfare in the Sherman Act's State Statutory Forerunners," Charles S. Dameron • Comment, "In Defense of 'Free Houses,'" Megan Wachspress, Jessie Agatstein, and Christian Mott • Comment, "Tort Concepts in Traffic Crimes," Noah M. Kazis Quality digital editions include active Contents for the issue and for individual articles, linked footnotes, active URLs in notes, and proper digital and Bluebook presentation from the original edition.