American Legal History

Author: Kermit L. Hall
Publisher: Oxford University Press, USA
ISBN: 0190253266
Release Date: 2017
Genre: Law

This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, American Legal History: Cases and Materials, Fifth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development of American society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Fifth Edition, is an indispensable text for students and teachers of constitutional and legal history, the judicial process, and the effects of society on law.

American Legal History

Author: Kermit L. Hall
Publisher: Oxford University Press, USA
ISBN: 0195395425
Release Date: 2011
Genre: Law

This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, American Legal History: Cases and Materials, Fourth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book alsodeals with state and federal courts and looks at the relationship between the development of American society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. New to this Edition * New cases on hot-button issues including guns, education, terrorism, and same sex marriage and unions * Updated material on the War on Terror and the Supreme Court response to military trials * New material on the emerging laws surrounding transgendered people * Additional material on eminent domain and the Supreme Court's controversial decision in Kelo v. City of New London Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Fourth Edition, is an indispensable text for students and teachers ofconstitutional and legal history, the judicial process, and the effects of society on law.

American Legal History

Author: Kermit Hall
Publisher: Oxford University Press, USA
ISBN: 0195097645
Release Date: 1996
Genre: Law

Approaching American legal history from a new perspective, this text employs cases and other legal documents to reveal the law's underlying culture. American Legal History provides a comprehensive selection of the most important documents, which integrate the history of public and private law from America's colonial origins to the present. It devotes special attention to the interaction of social and legal change, shows how legal ideas developed in tandem with specific historical events, and reveals a rich legal culture unique to America. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. This second edition is fully updated as well as expanded. The authors have revised the sections on the colonial, pre-Civil War, and immediate post-World War II periods, and have added material on the most recent developments in American constitutional and legal history. Special attention is paid to issues of death and dying, criminal justice, environmentalism, and feminist critique of the law. Offering a thorough examination of both public and private law, American Legal History is essential for students and teachers of constitutional and legal history, the judicial process, and the effects of law on society.

Law s History

Author: David M. Rabban
Publisher: Cambridge University Press
ISBN: 9780521761918
Release Date: 2012-11-30
Genre: History

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

Cases and Materials on the Law of Torts

Author: George C. Christie
Publisher: West Academic
ISBN: 0314266941
Release Date: 2012
Genre: Law

The Fifth Edition of Cases and Materials on the Law of Torts continues the tradition of using, as much as possible, minimally edited cases so that the book can serve as a vehicle for teaching first-year students the essential techniques of case analysis and legal method. The entire book has been modified to accommodate the many developments in the law of torts since the Fourth Edition was published in 2004. For example, the basic chapters on negligence and causation recognize and discuss the now finally adopted Restatement (Third) of Torts: Liability for Physical & Emotional Harm and the recent case law expanding liability for loss of a chance. The duty section has also undergone a major overhaul to reflect the conceptual framework by which courts think about duty and to elucidate the pervasive role of foreseeability in courts' duty decisions. The Materials on Product's Liability capture the many recent developments in that area; and the materials on dignitary harms reflect the increasing interaction between tort law and constitutional law as well as the expanding potential reach of international human rights conventions. Finally the Fifth Edition retains its comprehensive coverage of the entire field of torts so as to give instructors, all of whom are having to accommodate a curriculum that has cut back on the number of credit hours assigned to torts, the widest possible choice of subjects on which they may wish to concentrate in the limited time they have available.

Baseball and the Law

Author: Louis H. Schiff
Publisher:
ISBN: 1611635020
Release Date: 2015-12-30
Genre:

Baseball and the Law: Cases and Materials explores the jurisprudence of baseball through 110 principal readings, 619 notes, and 26 photographs. After an introductory chapter that acquaints students with the sport and the role lawyers have played in its development, the authors proceed to examine a multitude of legal issues, from player salaries, franchise relocations, and steroids to fan safety, broadcast rights, and gambling. Special attention is paid to racial and sexual discrimination; tax planning, asset protection, and bankruptcy; and the burgeoning use of technology. A concluding chapter focuses on amateur and youth baseball. The book draws on a variety of materials--including court decisions, arbitration awards, law review articles, newspapers stories, and blog posts--to place baseball in three different contexts: cultural, historical, and legal. The exhaustive notes make numerous references to movies, TV shows, and videos to further demonstrate the connection between baseball and the law. In addition to being a fun read, this work will strengthen a student's understanding of such core subjects as civil procedure, constitutional law, property, and torts while improving his or her ability to read contracts and parse statutes.

Cases and Materials on Federal Indian Law

Author: David Getches
Publisher: West Academic Publishing
ISBN: 1634599063
Release Date: 2016-12-31
Genre:

This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.

Modern American Remedies

Author: Douglas Laycock
Publisher: Aspen Publishers
ISBN: 1454812559
Release Date: 2012-01-01
Genre: Law

Modern American Remedies: Cases and Materials is known for a strong organization that highlights remedies categories and concepts within daily teaching units of roughly equal length, each focused on a clear central theme. The text achieves a solid balance of public and private law and integrates basic legal and economic information, without letting either dominate the book. Memorable cases and well-written notes offer plenty of information to inform class discussion. Following the same organization, scope of coverage, and daily units as the Fourth Edition, the Concise Fourth features tightly focused notes emphasizing basic principles and central points, with fewer illustrations and fewer collateral issues. The volume of notes has been reduced by more than 35%. The Fourth Edition introduces 36 new principal cases, including: In re September 11th Litigation (on the measure of damages for the destruction of the World Trade Center); eBay v. MercExchange LLC (on the prerequisites to an injunction, or on undue hardship, depending on one's point of view); Exxon Shipping Co. v. Baker (on the federal common law standard for measuring punitive damages); and Philip Morris USA v. Williams (on the constitutional limits on punitive damages). Substantial reworking of Chapter 8, on restitution, reflects the Restatement (Third) of Restitution and Unjust Enrichment.

Cases and Materials on American Property Law

Author: Sheldon F. Kurtz
Publisher: West Academic
ISBN: STANFORD:36105060318743
Release Date: 2003
Genre: Law

This law school casebook provides updated and revised materials on property rights. Included are materials on human embryos and human body parts, updated materials on gifts, including gifts of engagement rings, as well as updated materials on tenancy by the entirety. Readers will also find completely revised and updated coverage of the law of takings and zoning, including all Supreme Court decisions through 2002, and expanded and updated coverage of the law of housing discrimination, with increased attention to state and local law issues, as well as handicapped and age discrimination under the federal Fair Housing Act.

Conflict of Laws

Author: Symeon Symeonides
Publisher: West Academic
ISBN: STANFORD:36105063670249
Release Date: 2003
Genre: Law

Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.

Quarrels that have shaped the Constitution

Author: John Arthur Garraty
Publisher: Harpercollins Childrens Books
ISBN: STANFORD:36105038240912
Release Date: 1987-06-01
Genre: History

Essays describe the background of twenty Supreme Court decisions that have influenced the interpretation of the U.S. Constitution.

Foreign Relations Law

Author: Curtis A. Bradley
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454888703
Release Date: 2017-03-07
Genre: Law

A leading casebook on foreign relations law, authored by two widely cited and experienced scholars, Foreign Relations Law: Cases and Materials, Sixth Edition examines the law that regulates the conduct of contemporary U.S. foreign relations. It offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background.

Work Law Cases and Materials 2015

Author: Marion G. Crain
Publisher: LexisNexis
ISBN: 9781632815392
Release Date: 2015-05-27
Genre: Law

The law of work has evolved as a patchwork of legal interventions in the labor market, sometimes by statute, and sometimes through the common law of judicial decisions. Most law school curricula divide the law of work into three topical areas--Labor Law, Employment Law, and Employment Discrimination--and offer separate courses in each area. Labor law in the United States is understood to encompass the study of the National Labor Relations Act, the law governing union organizing and collective bargaining. It is the law of collective rights at work. Employment law refers to the statutes and common law governing individual rights at work. It ranges from minimum standards legislation to judicially created doctrines based in tort and contract law. Employment discrimination law deals with the statutes and interpretative case law advancing the antidiscrimination norm in the workplace. These statutes address the problem of status discrimination at work (e.g., discrimination on the basis of race, sex, national origin, ethnicity, religion, disability, or sexual orientation). A comprehensive study of the law of work also provides an opportunity to assess critically what form enforcement of rights should take. Should conflicts between employers and employees be channeled into private resolution systems such as collective bargaining or contractual arbitration, or is the public interest sufficient to justify committing administrative, judicial and legislative resources to it? What is the significance of casting employee rights as collective--and therefore entrusting their enforcement to an employee representative such as a union--versus conceptualizing them as individual? Must such a collective representative be independent of the employer, or do employer-initiated employee committees further worker voice just as effectively? Doesn't history also warn of the risks of subordinating individual interests to those of the collective, particularly in the context of a diverse workforce with minority groups characterized by race, ethnicity or gender? Accordingly, the casebook is called " Work Law" and it endeavors to present basic materials on each system of labor market regulation. The book identies core themes of conflict and concern in the workplace, canvass the governing law, and offer a vantage point for assessment. Several themes furnish the organizing structure for the book. The book asks how law should mediate the perennial conflict between employer and employee rights; what difference it makes whether employee rights are conceptualized individually or collectively; what significance the increasing racial, ethnic, and gender diversity of the workforce should have for legal policy; whether dispute resolution systems should be privatized (via collective bargaining or individual contract) or remain in the public fora (courts and legislatures); and whether law is the most effective way to address interests of employers and employees (as contrasted, for example, with human resource practices, employer initiatives, or employee self-help measures). The book will be most useful in Employment Law courses that address the significance of conceptualizing rights at work individually as opposed to collectively. Its strength is its refusal to categorize the law of the workplace in doctrinal boxes that may be out-of-date by the time the book reaches maturity. The book adverts to Labor Law principles at a number of points throughout the book, but at a policy level rather than a doctrinal level, as a way of introducing and evaluating an alternative model of employee representation; the book does not assume any knowledge of Labor Law on the part of teacher or student and makes no effort to provide a satisfactory substitute for a Labor Law text. The book offers some detail in the law of Employment Discrimination but does so primarily with an eye toward surveying the field and assessing antidiscrimination regulation as a response to an increasingly diverse workforce, rather than providing an in-depth study of Employment Discrimination principles. The text surveys the existing legal landscape, but it does not stop there. Work Law is an exciting and intellectually stimulating practice area because it is of necessity in a constant state of flux, responding to labor market innovations. Flexibility in thinking is vital to this area of practice. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Cases and Materials on State and Local Government Law

Author: Richard Briffault
Publisher: West Academic Publishing
ISBN: 0314285016
Release Date: 2016-05
Genre: Local government

The 8th Edition continues earlier editionsâe(tm) focus on the critical roles played by states and local governments and the complex structure of our state-local system. It challenges students to understand the competing models of local government that frame the field. It then takes that theoretical analysis to the hands-on questions of local government formation and boundary chan≥ home rule and state-local disputes; interlocal conflict and regional governance; spending, tax and debt limits; and service delivery. This Edition contains a new treatment of fiscal distress and municipal bankruptcy, and examines the state and local roles in such cutting edge issues as fracking, school finance, promoting social and economic equity, and economic development.