Author:
Publisher:
ISBN:
Category : Law teachers
Languages : en
Pages : 858
Book Description
Directory of Teachers in Member Schools
The Hidden Holmes
Author: David Rosenberg (Professor of law)
Publisher: Harvard University Press
ISBN: 9780674390027
Category : Biography & Autobiography
Languages : en
Pages : 308
Book Description
This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development. Marshaling the evidence found in Holmes' classic The Common Law and other writings, the author reveals that the opposite was the case, and, in the process, raises troubling questions about the present state of legal scholarship. It was Holmes who founded the modern conception and justification of strict liability. He envisioned an expansive role for strict liability to augment the negligence rule in preventing and redressing injury from industrial activity. This recovery of Holmes' theory of torts provides new insights into the nature of the jurisprudence that launched the American legal realist movement, and also overturns standard interpretations of the history of tort law. Rejecting the prevailing view that either strict liability or negligence reigned exclusively, Holmes and his contemporaries reconciled the existence of both rules, and advocated reforms of tort law to protect society from the unprecedented hazards of industrial life. The parallel drawn by the book between their response and ours in grappling with the novel problem of mass torts confirms Holmes' belief in the adaptive genius of the common law.
Publisher: Harvard University Press
ISBN: 9780674390027
Category : Biography & Autobiography
Languages : en
Pages : 308
Book Description
This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development. Marshaling the evidence found in Holmes' classic The Common Law and other writings, the author reveals that the opposite was the case, and, in the process, raises troubling questions about the present state of legal scholarship. It was Holmes who founded the modern conception and justification of strict liability. He envisioned an expansive role for strict liability to augment the negligence rule in preventing and redressing injury from industrial activity. This recovery of Holmes' theory of torts provides new insights into the nature of the jurisprudence that launched the American legal realist movement, and also overturns standard interpretations of the history of tort law. Rejecting the prevailing view that either strict liability or negligence reigned exclusively, Holmes and his contemporaries reconciled the existence of both rules, and advocated reforms of tort law to protect society from the unprecedented hazards of industrial life. The parallel drawn by the book between their response and ours in grappling with the novel problem of mass torts confirms Holmes' belief in the adaptive genius of the common law.
National Union Catalog of Manuscript Collections
Author:
Publisher:
ISBN:
Category : Catalogs, Union
Languages : en
Pages : 316
Book Description
Based on reports from American repositories of manuscripts.
Publisher:
ISBN:
Category : Catalogs, Union
Languages : en
Pages : 316
Book Description
Based on reports from American repositories of manuscripts.
Henry Friendly, Greatest Judge of His Era
Author: David M. Dorsen
Publisher: Harvard University Press
ISBN: 0674064933
Category : Biography & Autobiography
Languages : en
Pages : 513
Book Description
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
Publisher: Harvard University Press
ISBN: 0674064933
Category : Biography & Autobiography
Languages : en
Pages : 513
Book Description
Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.
The Law Student
The Sympathetic State
Author: Michele Landis Dauber
Publisher: University of Chicago Press
ISBN: 0226923487
Category : History
Languages : en
Pages : 371
Book Description
Drawing on a variety of materials, including newspapers, legal briefs, political speeches, the art and literature of the time, and letters from thousands of ordinary Americans, Dauber shows that while this long history of government disaster relief has faded from our memory today, it was extremely well known to advocates for an expanded role for the national government in the 1930s, including the Social Security Act. Making this connection required framing the Great Depression as a disaster afflicting citizens though no fault of their own. Dauber argues that the disaster paradigm, though successful in defending the New Deal, would ultimately come back to haunt advocates for social welfare. By not making a more radical case for relief, proponents of the New Deal helped create the weak, uniquely American welfare state we have today - one torn between the desire to come to the aid of those suffering and the deeply rooted suspicion that those in need are responsible for their own deprivation.
Publisher: University of Chicago Press
ISBN: 0226923487
Category : History
Languages : en
Pages : 371
Book Description
Drawing on a variety of materials, including newspapers, legal briefs, political speeches, the art and literature of the time, and letters from thousands of ordinary Americans, Dauber shows that while this long history of government disaster relief has faded from our memory today, it was extremely well known to advocates for an expanded role for the national government in the 1930s, including the Social Security Act. Making this connection required framing the Great Depression as a disaster afflicting citizens though no fault of their own. Dauber argues that the disaster paradigm, though successful in defending the New Deal, would ultimately come back to haunt advocates for social welfare. By not making a more radical case for relief, proponents of the New Deal helped create the weak, uniquely American welfare state we have today - one torn between the desire to come to the aid of those suffering and the deeply rooted suspicion that those in need are responsible for their own deprivation.
Harvard Alumni Bulletin
Harvard Law Review
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 1010
Book Description
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 1010
Book Description
David E. Lilienthal
Author: Steven M. Neuse
Publisher: Univ. of Tennessee Press
ISBN: 9780870499401
Category : Biography & Autobiography
Languages : en
Pages : 492
Book Description
The Lilienthal story is one of paradoxes and contradictions in human nature, of an enormous ego yoked with good intentions and a humane spirit. As this book demonstrates in compelling detail, the liberal dream that Lilienthal embodied worked at home but not abroad.
Publisher: Univ. of Tennessee Press
ISBN: 9780870499401
Category : Biography & Autobiography
Languages : en
Pages : 492
Book Description
The Lilienthal story is one of paradoxes and contradictions in human nature, of an enormous ego yoked with good intentions and a humane spirit. As this book demonstrates in compelling detail, the liberal dream that Lilienthal embodied worked at home but not abroad.
Judicial Review and Judicial Power in the Supreme Court
Author: Kermit L. Hall
Publisher: Routledge
ISBN: 1135691533
Category : Law
Languages : en
Pages : 506
Book Description
Available as a single volume or as part of the 10 volume set Supreme Court in American Society
Publisher: Routledge
ISBN: 1135691533
Category : Law
Languages : en
Pages : 506
Book Description
Available as a single volume or as part of the 10 volume set Supreme Court in American Society