The Opening of American Law

The Opening of American Law
Author: Herbert Hovenkamp
Publisher: Oxford University Press, USA
Total Pages: 473
Release: 2015
Genre: Law
ISBN: 0199331308

Two late Victorian ideas disrupted American legal thought: the Darwinian theory of evolution and marginalist economics. The legal thought that emerged can be called 'neoclassical', because it embodied ideas that were radically new while retaining many elements of what had gone before. Although Darwinian social science was developed earlier, in most legal disciplines outside of criminal law and race theory marginalist approaches came to dominate. This book carries these themes through a variety of legal subjects in both public and private law.

American Legal History: A Very Short Introduction

American Legal History: A Very Short Introduction
Author: G. Edward White
Publisher: Oxford University Press
Total Pages: 168
Release: 2014
Genre: Law
ISBN: 0199766002

A concise examination of the central role of legal decisions in shaping key social issues explores topics ranging from Native American affairs and slavery to business and home life as well as how criminal and civil offenses have been addressed in positive and negative ways. Original.

Opening the Floodgates

Opening the Floodgates
Author: Kevin R. Johnson
Publisher: NYU Press
Total Pages: 300
Release: 2007
Genre: History
ISBN: 0814743099

Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. Open migration policies deserve fuller analysis, as evidenced by President Barack Obama’s pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration. Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.

Cases and Materials on American Property Law

Cases and Materials on American Property Law
Author: Sheldon F. Kurtz
Publisher: West Academic Publishing
Total Pages: 0
Release: 2012-05-11
Genre: Property
ISBN: 9781634601702

As a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive the Learning Library which includes quizzes tied specifically to your book, and outline starter and digital access to leading study aids in that subject and the Gilbert Law Dictionary. This casebook continues its traditional approach to the teaching of property law. The new edition features new cases inserted into almost every chapter of the book, with appropriately updated notes and comments. The opening chapter includes a section of cases designed to hone a student's skill in close case analysis. In its entirety, the book introduces students to a broad spectrum of material traditionally covered in a first-year property course. A voluminous teacher's manual accompanies the book, with briefs of every principal case and extensive notes designed to aid the teacher in advancing classroom discussion on nearly every note in the casebook. For the first time, the teacher's manual includes additional problems and other materials designed to develop professional skills.

The Canon of American Legal Thought

The Canon of American Legal Thought
Author: David Kennedy
Publisher: Princeton University Press
Total Pages: 936
Release: 2018-06-05
Genre: Law
ISBN: 0691186421

This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

A Companion to American Legal History

A Companion to American Legal History
Author: Sally E. Hadden
Publisher: John Wiley & Sons
Total Pages: 668
Release: 2013-02-22
Genre: Law
ISBN: 1118533771

A Companion to American Legal History presents a compilation of the most recent writings from leading scholars on American legal history from the colonial era through the late twentieth century. Presents up-to-date research describing the key debates in American legal history Reflects the current state of American legal history research and points readers in the direction of future research Represents an ideal companion for graduate and law students seeking an introduction to the field, the key questions, and future research ideas

The Fictions of Latin American Law and their Strategic Uses

The Fictions of Latin American Law and their Strategic Uses
Author: Jorge L. Esquirol
Publisher: Cambridge University Press
Total Pages: 301
Release: 2019-11-21
Genre: Law
ISBN: 1107178398

Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.

American Legal Education Abroad

American Legal Education Abroad
Author: Susan Bartie
Publisher: NYU Press
Total Pages: 421
Release: 2021-07-06
Genre: Law
ISBN: 1479803588

A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.