a common law for the age of statutes oliver wendell holmes lectures

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A Common Law For The Age Of Statutes

Author : Guido CALABRESI
ISBN : 9780674029156
Genre : Law
File Size : 57. 40 MB
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The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial-legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised. Table of Contents: 1. Choking on Statutes 2. The Flight to the Constitution and to Equal Protection Clauses 3. The Passive Virtues 4. Interpretation 5. The New Deal Response: Administrative Agencies 6. Legislative Responses 7. Structural Responses 8. A New Approach: Antecedents and Roots 9. The Doctrine: A Question of Legitimacy 10. The Doctrine: Limits and Guidelines 11. The Doctrine: Techniques and Feasibility 12. The Role of Courts in an Age of Statutes 13. The Dangers of the Doctrine 14. The Uses and Abuses of Subterfuge 15. The Choice for Candor Notes Works Cited Table of Cases Index Reviews of this book: This is a genuinely original and thoughtful book, one of the few in the jurisprudential genre that is both dearly written and devoid of cliché. It addresses current social and legal issues from an engagingly fresh, nonpolemical, and erudite perspective. --American Bar Association Journal Reviews of this book: Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process...in its quality, timeliness and provocativeness [this book] is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore. --Columbia Law Review

The Path Of The Law

Author : Oliver Wendell Holmes Jr.
ISBN : 9781775410577
Genre : Law
File Size : 76. 63 MB
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The Path of the Law is a short essay by Oliver Wendell Holmes, Jr., an American jurist who served on the Supreme Court of the United States from 1902 to 1932. A cornerstone of his jurisprudential philosophy was the prediction theory of law, believing the law should be defined specifically as a prediction of how the courts work. In The Path of the Law Holmes argues that a criminal isn't concerned about ethics or conceptions of natural law; they are concerned about avoiding punishment and jail. "The law", therefore, should be based on prediction of what will bring about punishment via the court system.

The Common Law

Author : Oliver Wendell Holmes
ISBN : STANFORD:36105061203688
Genre : Common law
File Size : 24. 46 MB
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The Common Law

Author : Oliver Wendell Holmes
ISBN : 1604423862
Genre : Law
File Size : 29. 25 MB
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This volume of the ABA Classics Series is The Common Law. In the history of the law there have been many great treatises written by many great legal minds, but only a few have had the influence and staying power to truly be called the classics. The Common Law by famed Supreme Court Justice Oliver Wendell Holmes, Jr. is certainly one of these books.

Fifty Years Of The Law Commissions

Author : Matthew Dyson
ISBN : 9781849468596
Genre : Law
File Size : 75. 27 MB
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This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.

The Bill Of Rights

Author : Learned Hand
ISBN : 0674332288
Genre : United States
File Size : 66. 80 MB
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The Great Dissent

Author : Thomas Healy
ISBN : 9781429949095
Genre : History
File Size : 50. 32 MB
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A gripping intellectual history reveals how Oliver Wendell Holmes became a free-speech advocate and established the modern understanding of the First Amendment No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Constitutional Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation. A Kirkus Reviews Best Nonfiction Book of 2013

A Matter Of Interpretation Federal Courts And The Law

Author : Antonin Scalia
ISBN : 9781400882953
Genre : Law
File Size : 49. 42 MB
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

New Perspectives For A Common Law Of Europe

Author : Lionel Neville Brown
ISBN : 9028608680
Genre : Law
File Size : 43. 3 MB
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The World Of The Policy Analyst

Author : Robert A. Heineman
ISBN : STANFORD:36105110367021
Genre : Political Science
File Size : 50. 93 MB
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In recent years, policy analysis has grown in number of practitioners and in reputation. At all levels of government and at every stage of the policy process, analytical studies of problems and evaluations of programs have become commonplace. "The World of the Policy Analyst" is detailed study of the policy analyst and their role in America's policymaking process. The authors advocate that policy analysts need to become more sensitive to the political, social, and ideological issues that operate in our government's policy process if they want their efforts to become more influential. The book's comprehensive coverage includes recent efforts to integrate values and analysis; explores the implications of increasing fragmentation in the political system and the growing influence of think tanks at the national and state levels; and identifies the challenges posed by the rapidity of scientific and technological change.

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