Divergent Paths

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674915619
Release Date: 2016-01-04
Genre: Law

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Divergent Paths

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674286030
Release Date: 2016-01-04
Genre: Law

Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.

Reflections on Judging

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674184657
Release Date: 2013-10-07
Genre: Law

For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.

Methods of Comparative Law

Author: P. G. Monateri
Publisher: Edward Elgar Publishing
ISBN: 9781781005118
Release Date: 2012-01-01
Genre: Law

Comprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here.

The Behavior of Federal Judges

Author: Lee Epstein
Publisher: Harvard University Press
ISBN: 9780674070684
Release Date: 2013-01-07
Genre: Law

Federal judges are not just robots or politicians in robes, yet their behavior is not well understood, even among themselves. Using statistical methods, a political scientist, an economist, and a judge construct a unified theory of judicial decision-making to dispel the mystery of how decisions from district courts to the Supreme Court are made.

The Future of Law and Economics

Author: Guido Calabresi
Publisher: Yale University Press
ISBN: 9780300216264
Release Date: 2016-01-28
Genre: Law

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Proportionality Analysis and Models of Judicial Review

Author: Benedikt Pirker
Publisher: Europa Law Pub Netherlands
ISBN: 9089521410
Release Date: 2013
Genre: Law

Proportionality analysis describes a particular legal technique of resolving conflicts between human rights or constitutional rights and public interests through a process of balancing. However, as a general tendency, the current vivid academic debate on proportionality pays insufficient attention to the institutional context - the question of judicial review. Based on the premise that proportionality analysis is a permissible approach to resolve conflicts between rights and other interests, this book lays out a strategy for courts and tribunals to deal with the challenge of using proportionality analysis in an adequate manner, taking into account their situation and context of judicial review. For this purpose, the book develops the concept of models of judicial review in a first theoretical chapter. These models are then applied to six comparative case studies in German and US constitutional law, the law of the European Convention on Human Rights, European Union law, World Trade Organization law, and international investment law. (Series: European Administrative Law - Vol. 8)

Judging Under Uncertainty

Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 0674022106
Release Date: 2006
Genre: Law

In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty. In view of their limited information and competence, judges should adopt a restrictive, unambitious set of tools for interpreting statutory and constitutional provisions.

Federal Preemption

Author: Richard Allen Epstein
Publisher: A E I Press
ISBN: UOM:49015003403533
Release Date: 2007
Genre: Law

This book considers federalism's constitutional basis and its practical applications.

Reason and Imagination

Author: Constance Jordan
Publisher: Oxford University Press
ISBN: 9780199899104
Release Date: 2013-01-17
Genre: Biography & Autobiography

Reason and Imagination: The Selected Correspondence of Learned Hand provides readers with an intimate look into the life and mind of Judge Learned Hand, an icon in American Law. This new book brings to light previously unpublished letters and gives readers insight into Hand's thoughts on American jurisprudence and policy. This new collection includes a preface by Ronald Dworkin.

The Little Book of Plagiarism

Author: Richard A. Posner
Publisher: Pantheon
ISBN: 9780307496539
Release Date: 2009-03-12
Genre: Social Science

A concise, lively, and bracing exploration of an issue bedeviling our cultural landscape–plagiarism in literature, academia, music, art, and film–by one of our most influential and controversial legal scholars. Best-selling novelists J. K. Rowling and Dan Brown, popular historians Doris Kearns Goodwin and Stephen Ambrose, Harvard law professor Charles Ogletree, first novelist Kaavya Viswanathan: all have rightly or wrongly been accused of plagiarism–theft of intellectual property–provoking widespread media punditry. But what exactly is plagiarism? How has the meaning of this notoriously ambiguous term changed over time as a consequence of historical and cultural transformations? Is the practice on the rise, or just more easily detectable by technological advances? How does the current market for expressive goods inform our own understanding of plagiarism? Is there really such a thing as “cryptomnesia,” the unconscious, unintentional appropriation of another’s work? What are the mysterious motives and curious excuses of plagiarists? What forms of punishment and absolution does this “sin” elicit? What is the good in certain types of plagiarism? Provocative, insightful, and extraordinary for its clarity and forthrightness, The Little Book of Plagiarism is an analytical tour de force in small, the work of “one of the top twenty legal thinkers in America” (Legal Affairs), a distinguished jurist renowned for his adventuresome intellect and daring iconoclasm. From the Hardcover edition.

Out of Order

Author: Max Boot
Publisher: Basic Books (AZ)
ISBN: STANFORD:36105020178989
Release Date: 1998
Genre: Law

Citing real cases, the author explores how leniency has led the justice system to its current state where abuses of the legal process result in less protection for victims and more rights for the accused

Henry Friendly Greatest Judge of His Era

Author: David M. Dorsen
Publisher: Harvard University Press
ISBN: 9780674064935
Release Date: 2012-04-10
Genre: Biography & Autobiography

Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.

Law and Legal Theory in England and America

Author: Richard A. Posner
Publisher: Oxford University Press
ISBN: 9780198264712
Release Date: 1996
Genre: Law

This work consists of a revised version of the first "Clarendon Law Lectures" delivered in October 1995. The book presents a comparative analysis of the English and American legal systems.