Author: Peter Charles Hoffer
Publisher: University Press of Kansas
ISBN: 0700635084
Category : Law
Languages : en
Pages : 246
Book Description
In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. “In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.
Reading Law Forward
Author: Peter Charles Hoffer
Publisher: University Press of Kansas
ISBN: 0700635084
Category : Law
Languages : en
Pages : 246
Book Description
In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. “In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.
Publisher: University Press of Kansas
ISBN: 0700635084
Category : Law
Languages : en
Pages : 246
Book Description
In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. “In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.
Reading Law
Author: Antonin Scalia
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Publisher: West Publishing Company
ISBN: 9780314275554
Category : Judicial process
Languages : en
Pages : 0
Book Description
In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Haben
Author: Haben Girma
Publisher: Twelve
ISBN: 1538728710
Category : Biography & Autobiography
Languages : en
Pages : 243
Book Description
The incredible life story of Haben Girma, the first Deafblind graduate of Harvard Law School, and her amazing journey from isolation to the world stage. Haben grew up spending summers with her family in the enchanting Eritrean city of Asmara. There, she discovered courage as she faced off against a bull she couldn't see, and found in herself an abiding strength as she absorbed her parents' harrowing experiences during Eritrea's thirty-year war with Ethiopia. Their refugee story inspired her to embark on a quest for knowledge, traveling the world in search of the secret to belonging. She explored numerous fascinating places, including Mali, where she helped build a school under the scorching Saharan sun. Her many adventures over the years range from the hair-raising to the hilarious. Haben defines disability as an opportunity for innovation. She learned non-visual techniques for everything from dancing salsa to handling an electric saw. She developed a text-to-braille communication system that created an exciting new way to connect with people. Haben pioneered her way through obstacles, graduated from Harvard Law, and now uses her talents to advocate for people with disabilities. Haben takes readers through a thrilling game of blind hide-and-seek in Louisiana, a treacherous climb up an iceberg in Alaska, and a magical moment with President Obama at The White House. Warm, funny, thoughtful, and uplifting, this captivating memoir is a testament to one woman's determination to find the keys to connection. "This autobiography by a millennial Helen Keller teems with grace and grit." -- O Magazine "A profoundly important memoir." -- The Times ** As featured in The Wall Street Journal, People, and on The TODAY Show ** A New York Times "New & Noteworthy" Pick ** An O Magazine "Book of the Month" Pick ** A Publishers Weekly Bestseller **
Publisher: Twelve
ISBN: 1538728710
Category : Biography & Autobiography
Languages : en
Pages : 243
Book Description
The incredible life story of Haben Girma, the first Deafblind graduate of Harvard Law School, and her amazing journey from isolation to the world stage. Haben grew up spending summers with her family in the enchanting Eritrean city of Asmara. There, she discovered courage as she faced off against a bull she couldn't see, and found in herself an abiding strength as she absorbed her parents' harrowing experiences during Eritrea's thirty-year war with Ethiopia. Their refugee story inspired her to embark on a quest for knowledge, traveling the world in search of the secret to belonging. She explored numerous fascinating places, including Mali, where she helped build a school under the scorching Saharan sun. Her many adventures over the years range from the hair-raising to the hilarious. Haben defines disability as an opportunity for innovation. She learned non-visual techniques for everything from dancing salsa to handling an electric saw. She developed a text-to-braille communication system that created an exciting new way to connect with people. Haben pioneered her way through obstacles, graduated from Harvard Law, and now uses her talents to advocate for people with disabilities. Haben takes readers through a thrilling game of blind hide-and-seek in Louisiana, a treacherous climb up an iceberg in Alaska, and a magical moment with President Obama at The White House. Warm, funny, thoughtful, and uplifting, this captivating memoir is a testament to one woman's determination to find the keys to connection. "This autobiography by a millennial Helen Keller teems with grace and grit." -- O Magazine "A profoundly important memoir." -- The Times ** As featured in The Wall Street Journal, People, and on The TODAY Show ** A New York Times "New & Noteworthy" Pick ** An O Magazine "Book of the Month" Pick ** A Publishers Weekly Bestseller **
Revolutionary Power
Author: Shalanda Baker
Publisher: Island Press
ISBN: 1642830674
Category : Political Science
Languages : en
Pages : 226
Book Description
In September 2017, Hurricane Maria hit Puerto Rico, completely upending the energy grid of the small island. The nearly year-long power outage that followed vividly shows how the new climate reality intersects with race and access to energy. The island is home to brown and black US citizens who lack the political power of those living in the continental US. As the world continues to warm and storms like Maria become more commonplace, it is critical that we rethink our current energy system to enable reliable, locally produced, and locally controlled energy without replicating the current structures of power and control. In Revolutionary Power, Shalanda Baker arms those made most vulnerable by our current energy system with the tools they need to remake the system in the service of their humanity. She argues that people of color, poor people, and indigenous people must engage in the creation of the new energy system in order to upend the unequal power dynamics of the current system. Revolutionary Power is a playbook for the energy transformation complete with a step-by-step analysis of the key energy policy areas that are ripe for intervention. Baker tells the stories of those who have been left behind in our current system and those who are working to be architects of a more just system. She draws from her experience as an energy-justice advocate, a lawyer, and a queer woman of color to inspire activists working to build our new energy system. Climate change will force us to rethink the way we generate and distribute energy and regulate the system. But how much are we willing to change the system? This unique moment in history provides an unprecedented opening for a deeper transformation of the energy system, and thus, an opportunity to transform society. Revolutionary Power shows us how.
Publisher: Island Press
ISBN: 1642830674
Category : Political Science
Languages : en
Pages : 226
Book Description
In September 2017, Hurricane Maria hit Puerto Rico, completely upending the energy grid of the small island. The nearly year-long power outage that followed vividly shows how the new climate reality intersects with race and access to energy. The island is home to brown and black US citizens who lack the political power of those living in the continental US. As the world continues to warm and storms like Maria become more commonplace, it is critical that we rethink our current energy system to enable reliable, locally produced, and locally controlled energy without replicating the current structures of power and control. In Revolutionary Power, Shalanda Baker arms those made most vulnerable by our current energy system with the tools they need to remake the system in the service of their humanity. She argues that people of color, poor people, and indigenous people must engage in the creation of the new energy system in order to upend the unequal power dynamics of the current system. Revolutionary Power is a playbook for the energy transformation complete with a step-by-step analysis of the key energy policy areas that are ripe for intervention. Baker tells the stories of those who have been left behind in our current system and those who are working to be architects of a more just system. She draws from her experience as an energy-justice advocate, a lawyer, and a queer woman of color to inspire activists working to build our new energy system. Climate change will force us to rethink the way we generate and distribute energy and regulate the system. But how much are we willing to change the system? This unique moment in history provides an unprecedented opening for a deeper transformation of the energy system, and thus, an opportunity to transform society. Revolutionary Power shows us how.
Letters in Black and White
Author: Winkfield Twyman, Jr.
Publisher: Pitchstone Publishing (US&CA)
ISBN: 1634312376
Category : History
Languages : en
Pages : 441
Book Description
Unsatisfied with the relentless pace and narrow constraints of social media, two Americans— Winkfield Twyman, Jr. and Jennifer Richmond, a black man and a white woman— rediscovered the art of letter writing and maintained a years-long correspondence about race in the United States. In Letters in Black and White, they share for the first time their exchange in full, charting their journey from wary strangers to trusted confidants. At a time when many Americans are dazed, confused, and angered by the country' s current state of race relations, they offer a model not only for having needed but difficult conversations but also for a better way forward. Marked by well-crafted turns of phrase, sharp wit, and sober reflection, they do not rely on those fashionable words and phrases that have been drained of real meaning or are hopelessly saddled with excessive baggage, such as antiracism, white fragility, and allyship. Rather, on topics ranging from the murder of George Floyd and the launch of the 1619 Project to the debate over reparations and the nature of elite black organizations like Jack and Jill of America, they tell the truth as they see it in their own uncorrupted language, speaking for no one but themselves. Particularly critical of both the ideological battles that fuel media programming and entrench political rivalries and the noble-sounding social and cultural projects that fail time and again to offer any meaningful solutions, they identify productive ways to unify across our differences— ways to find our common humanity and to mend America' s divided soul. Ultimately, they offer an inspirational message of hope and optimism for all— one that does not allow the past to define our present or predetermine our future.
Publisher: Pitchstone Publishing (US&CA)
ISBN: 1634312376
Category : History
Languages : en
Pages : 441
Book Description
Unsatisfied with the relentless pace and narrow constraints of social media, two Americans— Winkfield Twyman, Jr. and Jennifer Richmond, a black man and a white woman— rediscovered the art of letter writing and maintained a years-long correspondence about race in the United States. In Letters in Black and White, they share for the first time their exchange in full, charting their journey from wary strangers to trusted confidants. At a time when many Americans are dazed, confused, and angered by the country' s current state of race relations, they offer a model not only for having needed but difficult conversations but also for a better way forward. Marked by well-crafted turns of phrase, sharp wit, and sober reflection, they do not rely on those fashionable words and phrases that have been drained of real meaning or are hopelessly saddled with excessive baggage, such as antiracism, white fragility, and allyship. Rather, on topics ranging from the murder of George Floyd and the launch of the 1619 Project to the debate over reparations and the nature of elite black organizations like Jack and Jill of America, they tell the truth as they see it in their own uncorrupted language, speaking for no one but themselves. Particularly critical of both the ideological battles that fuel media programming and entrench political rivalries and the noble-sounding social and cultural projects that fail time and again to offer any meaningful solutions, they identify productive ways to unify across our differences— ways to find our common humanity and to mend America' s divided soul. Ultimately, they offer an inspirational message of hope and optimism for all— one that does not allow the past to define our present or predetermine our future.
Strengthening Forensic Science in the United States
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309142393
Category : Law
Languages : en
Pages : 348
Book Description
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Publisher: National Academies Press
ISBN: 0309142393
Category : Law
Languages : en
Pages : 348
Book Description
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Law and Economics
Author: Robert Cooter
Publisher: Addison Wesley Publishing Company
ISBN:
Category : Business & Economics
Languages : en
Pages : 572
Book Description
Provides students with a method for applying economic analysis to the study of legal rules and institutions. Four key areas of law are covered: property; contracts; torts; and crime and punishment. Added examples and cases help to clarify economic applications further.
Publisher: Addison Wesley Publishing Company
ISBN:
Category : Business & Economics
Languages : en
Pages : 572
Book Description
Provides students with a method for applying economic analysis to the study of legal rules and institutions. Four key areas of law are covered: property; contracts; torts; and crime and punishment. Added examples and cases help to clarify economic applications further.
Law is a Buyer's Market
Author: Jordan Furlong
Publisher:
ISBN: 9780995348806
Category : Attorney and client
Languages : en
Pages : 244
Book Description
Law has become a buyer's market, and it's never going back. Re-envisioning the purpose of law firms and the role of lawyers, Jordan Furlong has designed a transformative client-first law firm that rethinks the business model, culture, service, competitiveness, growth strategies, diversity, and leadership of modern legal enterprises.
Publisher:
ISBN: 9780995348806
Category : Attorney and client
Languages : en
Pages : 244
Book Description
Law has become a buyer's market, and it's never going back. Re-envisioning the purpose of law firms and the role of lawyers, Jordan Furlong has designed a transformative client-first law firm that rethinks the business model, culture, service, competitiveness, growth strategies, diversity, and leadership of modern legal enterprises.
Parliamentary Debates
The Parliamentary Debates
Author: Great Britain. Parliament
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 1024
Book Description
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 1024
Book Description