Cardozo

A Study in Reputation

Author: Richard A. Posner

Publisher: University of Chicago Press

ISBN: 9780226675565

Category: Biography & Autobiography

Page: 156

View: 3284

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What makes a great judge? How are reputations forged? Why do some reputations endure, while others crumble? And how can we know whether a reputation is fairly deserved? In this ambitious book, Richard Posner confronts these questions in the case of Benjamin Cardozo. The result is both a revealing portrait of one of the most influential legal minds of our century and a model for a new kind of study—a balanced, objective, critical assessment of a judicial career. "The present compact and unflaggingly interesting volume . . . is a full-bodied scholarly biography. . . .It is illuminating in itself, and will serve as a significant contribution."—Paul A. Freund, New York Times Book Review

The Judge in a Democracy

Author: Aharon Barak

Publisher: Princeton University Press

ISBN: 9780691120171

Category: Law

Page: 332

View: 7516

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'focus[es] mainly on courts of legal systems that belong to the common law family, such as the United States, England, Canada, Australia, and a number of mixed jurisdictions, such as South Africa, Scotland, Cyorus and Israel ... [it] also applies substantially to other legal systems, such as the Roman-Germanic family, inlcuding France, Italy, Germany, Austria and the family of Scandinavian systems ... [it] is also alid for legal systems that have emerged from the family of socialist systems, such as Russia, Hungary, Poland and the Czech Republic.' --p. xvii.

Jews and the Law

Author: Ari Mermelstein,Victoria Saker Woeste,Ethan Zadoff,Marc Galanter

Publisher: Quid Pro Books

ISBN: 1610272285

Category: Law

Page: 394

View: 2086

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Jews are a people of law, and law defines who the Jewish people are and what they believe. This anthology engages with the growing complexity of what it is to be Jewish — and, more problematically, what it means to be at once Jewish and participate in secular legal systems as lawyers, judges, legal thinkers, civil rights advocates, and teachers. The essays in this book trace the history and chart the sociology of the Jewish legal profession over time, revealing new stories and dimensions of this significant aspect of the American Jewish experience and at the same time exploring the impact of Jewish lawyers and law firms on American legal practice. “This superb collection reveals what an older focus on assimilation obscured. Jewish lawyers wanted to ‘make it,’ but they also wanted to make law and the legal profession different and better. These fascinating essays show how, despite considerable obstacles, they succeeded.” — Daniel R. Ernst Professor of Law, Georgetown University Law Center Author of Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940 “This fascinating collection of essays by distinguished scholars illuminates the distinctive and intricate relationship between Jews and law. Exploring the various roles of Jewish lawyers in the United States, Germany, and Israel, they reveal how the practice of law has variously expressed, reinforced, or muted Jewish identity as lawyers demonstrated their commitments to the public interest, social justice, Jewish tradition, or personal ambition. Any student of law, lawyers, or Jewish values will be engaged by the questions asked and answered.” — Jerold S. Auerbach Professor Emeritus of History, Wellesley College Author of Unequal Justice and Rabbis and Lawyers

A Nascent Common Law

The Process of Decisionmaking in International Legal Disputes between States and Foreign Investors

Author: Frédéric Gilles Sourgens

Publisher: Hotei Publishing

ISBN: 9004288201

Category: Law

Page: 426

View: 6836

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In A Nascent Common Law, Frédéric Gilles Sourgens offers an account of the theoretical underpinnings of investor-state arbitration, a key growth field of international and transnational law.

The Trial in American Life

Author: Robert A. Ferguson

Publisher: University of Chicago Press

ISBN: 0226243281

Category: Law

Page: 414

View: 9315

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In a bravura performance that ranges from Aaron Burr to O. J. Simpson, Robert A. Ferguson traces the legal meaning and cultural implications of prominent American trials across the history of the nation. His interdisciplinary investigation carries him from courtroom transcripts to newspaper accounts, and on to the work of such imaginative writers as Emerson, Thoreau, William Dean Howells, and E. L. Doctorow. Ferguson shows how courtrooms are forced to cope with unresolved communal anxieties and how they sometimes make legal decisions that change the way Americans think about themselves. Burning questions control the narrative. How do such trials mushroom into major public dramas with fundamental ideas at stake? Why did outcomes that we now see as unjust enjoy such strong communal support at the time? At what point does overexposure undermine a trial’s role as a legal proceeding? Ultimately, such questions lead Ferguson to the issue of modern press coverage of courtrooms. While acknowledging that media accounts can skew perceptions, Ferguson argues forcefully in favor of full television coverage of them—and he takes the Supreme Court to task for its failure to grasp the importance of this issue. Trials must be seen to be understood, but Ferguson reminds us that we have a duty, currently ignored, to ensure that cameras serve the court rather than the media. The Trial in American Life weaves Ferguson’s deep knowledge of American history, law, and culture into a fascinating book of tremendous contemporary relevance. “A distinguished law professor, accomplished historian, and fine writer, Robert Ferguson is uniquely qualified to narrate and analyze high-profile trials in American history. This is a superb book and a tremendous achievement. The chapter on John Brown alone is worth the price of admission.”—Judge Richard Posner “A noted scholar of law and literature, [Ferguson] offers a work that is broad in scope yet focuses our attention on certain themes, notably the possibility of injustice, as illustrated by the Haymarket and Rosenberg prosecutions; the media’s obsession with pandering to baser instincts; and the future of televised trials. . . . One of the best books written on this subject in quite some time.”—Library Journal, starred review

Frontiers of Legal Theory

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674013605

Category: Law

Page: 453

View: 1479

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The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Principles and Methods of Law and Economics

Enhancing Normative Analysis

Author: Nicholas L. Georgakopoulos

Publisher: Cambridge University Press

ISBN: 1139445669

Category: Law

Page: 378

View: 8436

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This is an introductory book that targets the reader who has the ambition to apply economic analysis but may be missing a technical introduction to its mathematical techniques or seeks a structured elaboration of its philosophical principles. The book juxtaposes economic analysis with moral philosophy, political theory, egalitarianism, and other methodological principles and then passes to the details of methods such as model-building, derivatives, differential equations, statistical tests, and the use of computer programs.

Law, Pragmatism, and Democracy

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674042292

Category: Law

Page: 416

View: 6903

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Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.

The Fundamental Holmes

A Free Speech Chronicle and Reader – Selections from the Opinions, Books, Articles, Speeches, Letters and Other Writings by and about Oliver Wendell Holmes, Jr.

Author: Ronald K. L. Collins

Publisher: Cambridge University Press

ISBN: 1139788558

Category: Law

Page: N.A

View: 9111

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No figure stands taller in the world of First Amendment law than Oliver Wendell Holmes, Jr. This is the first anthology of Justice Holmes's writings, speeches and opinions concerning freedom of expression. The book contains eight original essays designed to situate Holmes's works in historical and biographical context. The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions and U.S. Supreme Court opinions. The edited materials – spanning Holmes's 1861–1864 service in the Civil War to his 1931 radio address to the nation – offer a unique view of the thoughts of the father of the modern First Amendment. The book's epilogue, which includes a major discovery about Holmes's impact on American statutory law, explores Holmes's free speech legacy. In the process, the reader comes to know Holmes and his jurisprudence of free speech as never before.

Divergent Paths

The Academy and the Judiciary

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674286030

Category: Law

Page: 414

View: 6956

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Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.