Author: Amalia D. Kessler Publisher: Yale University Press ISBN: 0300198078 Category : History Languages : en Pages : 462
Book Description
Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Author: Bernadette Meyler Publisher: Cornell University Press ISBN: 1501739409 Category : Literary Criticism Languages : en Pages : 443
Book Description
From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610270592 Category : Law Languages : en Pages : 388
Book Description
This March 2011 issue of the Stanford Law Review contains studies of law, economics, and social policy by recognized scholars on such diverse topics as "preglimony," derivatives markets in a fiscal crisis, corporate reform in Brazil, land use and zoning under contract theory, and a student Note on college endowments at elite schools during a time of economic downturn. Contents for the March 2011 issue are: "Regulatory Dualism as a Development Strategy: Corporate Reform in Brazil, the U.S., and the E.U.," by Ronald J. Gilson, Henry Hansmann and Mariana Pargendler "The Derivatives Market's Payment Priorities as Financial Crisis Accelerator," by Mark J. Roe "The Contract Transformation in Land Use Regulation," by Daniel P. Selmi "Preglimony," by Shari Motro Note, "Scarcity Amidst Wealth: The Law, Finance, and Culture of Elite University Endowments in Financial Crisis" In the ebook editions, the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained; URLs in notes are active; and the issue is properly formatted.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610270495 Category : Law Languages : en Pages : 306
Book Description
One of the most-read law journals adds a true ebook edition to its worldwide distribution, becoming the first general interest law review to do so. This current issue of the Stanford Law Review contains studies of law, economics, and social policy by such recognized scholars as Kenneth Bamberger, Deirdre Mulligan, Judge Richard Posner, Albert Yoon, Cynthia Estland, and Norman Spaulding. Volume 63, Issue 2's contents are: "Privacy on the Books and on the Ground," by Kenneth A. Bamberger & Deirdre K. Mulligan "What Judges Think of the Quality of Legal Representation," by Richard A. Posner & Albert H. Yoon "Just the Facts: The Case for Workplace Transparency," by Cynthia Estlund Essay, "Independence and Experimentalism in the Department of Justice," by Norman W. Spaulding Note, "The 'Benefit' of Spying: Defining the Boundaries of Economic Espionage under the Economic Espionage Act of 1996" In the new ebook edition, the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610279700 Category : Law Languages : en Pages : 433
Book Description
Stanford Law Review's fifth issue of 2011 features scholarly article by scholars and Stanford students. This issue's contents are: ARTICLES "The Objects of the Constitution," Nicholas Quinn Rosenkranz "The Lost Origins of American Fair Employment Law: Regulatory Choice and the Making of Modern Civil Rights, 1943-1972," David Freeman Engstrom NOTES "Measuring the Effects of Specialization with Circuit Split Resolutions" "The Substance of Punishment Under the Bill of Attainder Clause" "Plenary No Longer: How the Fourteenth Amendment 'Amended' Congressional Jurisdiction-Stripping Power"
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610279344 Category : Law Languages : en Pages : 250
Book Description
A leading law journal features a digital edition as part of its worldwide distribution, using quality ebook formatting. The May 2012 issue of the Stanford Law Review contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for this issue include: "The City and the Private Right of Action," by Paul A. Diller "Securities Class Actions Against Foreign Issuers," by Merritt B. Fox "How Much Should Judges Be Paid? An Empirical Study on the Effect of Judicial Pay on the State Bench," by James M. Anderson & Eric Helland Note: "How Congress Could Reduce Job Discrimination by Promoting Anonymous Hiring," by David Hausman In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted for ereaders and apps.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610279581 Category : Law Languages : en Pages : 499
Book Description
The Jan. 2012 issue of the Stanford Law Review (the first of vol. 64) contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for this issue: The Right Not to Keep or Bear Arms Joseph Blocher The Ghost That Slayed the Mandate Kevin C. Walsh State Sovereign Standing: Often Overlooked, but Not Forgotten Kenneth T. Cuccinelli, II, E. Duncan Getchell, Jr., & Wesley G. Russell, Jr. Establishing Official Islam? The Law and Strategy of Counter-Radicalization Samuel J. Rascoff Lobbying, Rent-Seeking, and the Constitution Richard L. Hasen Note: Bringing a Judicial Takings Claim Josh Patashnik In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610270681 Category : Law Languages : en Pages : 500
Book Description
This issue of the Stanford Law Review contains studies of law, history, and social policy by recognized scholars on such diverse topics as fixing unfair contracts (by Omri Ben-Shahar), using DNA forensics to identify family members in criminal cases and other legal matters (by Natalie Ram), and the ethics of lawyers holding onto real evidence such as guns,tapes, and drugs (by Stephen Gillers). In addition, extensive student work explores the history of religious freedom and the First Amendment, as well as the use of amicus curiae briefs in the Supreme Court after an opinion below is abandoned by a party. The Stanford Law Review was organized in 1948. Each year the Law Review publishes one volume, which appears in six separate issues between December and July. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. The current volume is 63, for the academic year 2010-2011, and the present compilation, in ebook form, represents Issue 4 for April 2011. In the ebook editions, all footnotes, graphs, and Tables of Contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.
Author: Gregory Ablavsky Publisher: Oxford University Press ISBN: 0190905700 Category : Law Languages : en Pages : 320
Book Description
Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.