Flawed Precedent

Flawed Precedent
Author: Kent McNeil
Publisher: UBC Press
Total Pages: 353
Release: 2019-06-01
Genre: Law
ISBN: 0774861088

In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.

Precedent in the United States Supreme Court

Precedent in the United States Supreme Court
Author: Christopher J. Peters
Publisher: Springer Science & Business Media
Total Pages: 233
Release: 2014-02-11
Genre: Law
ISBN: 9400779518

This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

Settled Versus Right

Settled Versus Right
Author: Randy J. Kozel
Publisher: Cambridge University Press
Total Pages: 191
Release: 2017-06-06
Genre: Law
ISBN: 110712753X

This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Water Tossing Boulders

Water Tossing Boulders
Author: Adrienne Berard
Publisher: Beacon Press
Total Pages: 210
Release: 2016-10-18
Genre: Social Science
ISBN: 0807033537

A generation before Brown v. Board of Education struck down America’s “separate but equal” doctrine, one Chinese family and an eccentric Mississippi lawyer fought for desegregation in one of the greatest legal battles never told On September 15, 1924, Martha Lum and her older sister Berda were barred from attending middle school in Rosedale, Mississippi. The girls were Chinese American and considered by the school to be “colored”; the school was for whites. This event would lead to the first US Supreme Court case to challenge the constitutionality of racial segregation in Southern public schools, an astonishing thirty years before the landmark Brown v. Board of Education decision. Unearthing one of the greatest stories never told, journalist Adrienne Berard recounts how three unlikely heroes sought to shape a new South. A poor immigrant from southern China, Jeu Gong Lum came to America with the hope of a better future for his family. Unassuming yet boldly determined, his daughter Martha would inhabit that future and become the face of the fight to integrate schools. Earl Brewer, their lawyer and staunch ally, was once a millionaire and governor of Mississippi. When he took the family’s case, Brewer was both bankrupt and a political pariah—a man with nothing left to lose. By confronting the “separate but equal” doctrine, the Lum family fought for the right to educate Chinese Americans in the white schools of the Jim Crow South. Using their groundbreaking lawsuit as a compass, Berard depicts the complicated condition of racial otherness in rural Southern society. In a sweeping narrative that is both epic and intimate, Water Tossing Boulders evokes a time and place previously defined by black and white, a time and place that, until now, has never been viewed through the eyes of a forgotten third race. In vivid prose, the Mississippi Delta, an empire of cotton and a bastion of slavery, is reimagined to reveal the experiences of a lost immigrant community. Through extensive research in historical documents and family correspondence, Berard illuminates a vital, forgotten chapter of America’s past and uncovers the powerful journey of an oppressed people in their struggle for equality.

Settled Versus Right

Settled Versus Right
Author: Randy J. Kozel
Publisher: Cambridge University Press
Total Pages: 191
Release: 2017-06-06
Genre: Law
ISBN: 1108228658

In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.

The Common Flaw

The Common Flaw
Author: Thomas G. Moukawsher
Publisher: Brandeis University Press
Total Pages: 285
Release: 2023-09-25
Genre: Law
ISBN: 1684581648

"The American lawsuit is riddled with needless complexity. This book proposes fifty changes-that decide cases promptly-more on the facts than the law-more for the parties than the lawyers-more for the consequences to the people and the public-and in words we can all understand"--

Culturally Incorrect

Culturally Incorrect
Author: Rod Parsley
Publisher: Thomas Nelson
Total Pages: 257
Release: 2009-04-08
Genre: Political Science
ISBN: 1418572071

Parsley exposes the failure of the current generation of believers to engage the culture, present a relevant gospel, and lead/influence through service - and paints a vivid picture of the cost and implications of that failure. Parsley explains how the culture wars have entered a new, critical phase for the United States, and discusses the areas in which this war is being fought (Cultural, Scientific, Geopolitical, Media, and Academia). He presents an understanding of the paradigms, assumptions, and values that animate the humanist, secularist, and neo-pagan enemies of Christianity in America and offers a strategy for winning this "war"-what he calls a New Great Awakening-and how evangelism, social action, and the engagement of culture fit into that plan.

Demystifying Legal Reasoning

Demystifying Legal Reasoning
Author: Larry Alexander
Publisher: Cambridge University Press
Total Pages: 254
Release: 2008-06-16
Genre: Philosophy
ISBN: 113947247X

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

The People Themselves

The People Themselves
Author: Larry Kramer
Publisher: Oxford University Press, USA
Total Pages: 380
Release: 2004
Genre: History
ISBN: 9780195306453

This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.