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Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 113947247X
Category : Philosophy
Languages : en
Pages : 254
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Book Description
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.
Author: Larry Alexander
Publisher: Cambridge University Press
ISBN: 113947247X
Category : Philosophy
Languages : en
Pages : 254
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Book Description
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.
Author: Albert J. Moore
Publisher: Aspen Publishers
ISBN:
Category : Education
Languages : en
Pages : 196
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Book Description
Demystifying the First Year of Law School: A Guide to the 1L Experience provides law students with explicit frameworks for reading and analyzing court opinions in all first year courses. Using hypothetical classroom dialogues, the book explains how these frameworks will help student understand and participate in classroom discussions, answer questions on exams, and use the skills learned in the first year when representing clients in practice. Unraveling the mysteries of the first year of law school, authors Moore and Binder provide clear definitions, along with concrete examples, of the two types of legal issues typically addressed in court opinions illustrations of the six types of arguments routinely used by courts, lawyers and professors to resolve legal issues. These illustrations should help students understand a court's rationale for its decision and help students make legal arguments on exams and in practice a straightforward explanation for the use of the question-and-answer format in first year classrooms, with numerous illustrative examples of hypothetical in-class dialogues a step-by-step approach for briefing court opinions in preparation for class, along with a companion website with illustrative examples of case briefs of court opinions in subjects addressed in first year courses Written by top scholars drawing on their experience as authors and educators, Demystifying the First Year of Law School: A Guide to the 1L Experience, gives the benefit of experience to the uninitiated. It's ideal as a companion to any first year course, as a text in a legal methods or academic support course, or as background for a law school orientation program. A Teacher's Manual is available at www/aspenlawschool.com/books/moorebinder.
Author: Eric P. Voigt
Publisher:
ISBN: 9781531007836
Category : Legal research
Languages : en
Pages : 0
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Book Description
Legal Research Demystified offers a real-world approach to legal research for first-year law students. The book guides students through eight steps to research common law issues and ten steps to research statutory issues. It breaks down the research steps and process into "bite-size" pieces for novice researchers, minimizing the frustration often associated with learning new skills. This text also gives students context, explaining why and when a source or finding tool should be used when researching the law. The process of legal research, of course, is not linear. This book constantly reminds students of the recursive nature of legal research, and it identifies specific situations when they may deviate from the research steps. Through the book's step-by-step approach, students will connect seemingly unrelated tools (e.g., citators and the Key Number System) and understand how to leverage them to answer legal questions. Every chapter includes charts, diagrams, and screen captures to illustrate the research steps and finding methods. Each chapter concludes with a "summary of key points" section that reinforces important concepts from the chapter. This book provides students and professors with multiple assessment tools. Each chapter ends with true-false and multiple-choice questions that test students' understanding of chapter content. These questions are replicated on the book's companion website, Core Knowledge. Students may answer these end-of-chapter questions, as well as more advanced questions, on Core Knowledge and receive immediate feedback, including an explanation of why the answer is correct or incorrect. Professors can generate reports to track students' performance. Based on students' performance, professors will know whether to review a topic in more detail or to move to the next topic. (New books contain an access code to Core Knowledge; students purchasing used books can buy an access code separately.) Core Knowledge offers yet another assessment tool: interactive research exercises. These online exercises walk students through the research steps on Westlaw and Lexis Advance, giving professors the option to "flip" the classroom. Through many screen captures and tips, students can navigate both research platforms outside of class, allowing students and professors to dig deeper into the material during class. Each research exercise simulates a real-world research experience and contains self-grading questions. For example, in one exercise, students research on Westlaw to determine whether the client could recover damages against a neighbor for the emotional distress for the death of the client's dog. To answer the client's question, students must complete the research steps, including finding and reviewing secondary sources on Westlaw, using the Key Number System and KeyCite, and performing keyword searches. Professor support materials include a Teacher's Manual, sample syllabi, and sample research exams.
Author: Gregor I. McGregor
Publisher: CRC Press
ISBN: 9780873717458
Category : Law
Languages : en
Pages : 260
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Book Description
Amid all the laws and regulations on environmental protection and worker safety, what is the responsible business or landowner to do? What should the responsible consultant advise? Environmental Law and Enforcement provides you with a practical guide that takes the mystery out of environmental law and related land use controls. The author provides a synopsis of major environmental topics from A to Z and features citations to the major federal statutes in the United States Code (USC) and the Code of Federal Regulations (CFR) so you can easily find governing statutes and regulations. Special sections discuss the use of experts in case preparation and how to be an effective case witness. A checklist for compliance with the National Environmental Policy Act is included. The book covers strategies to cope with landowner liability for hazardous waste, consultant liability for mistakes in hazardous waste site assessments, and guidelines for emergency managers to minimize legal liability. The section on insurance liability provides practical approaches to dealing with insurance companies on hazardous waste claims. The successful organization will manage for environmental protection as a corporate goal, and consequently stays ahead of new government requirements-away from lawyers and lawsuits-and ahead of the competition. Environmental Law and Enforcement gives you the tools you need to achieve this mission.
Author: Daniel A. Bronstein
Publisher: Routledge
ISBN: 1000077608
Category : Law
Languages : en
Pages : 174
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Book Description
Demystifying the Law: An Introduction for Professionals explains unfamiliar legal concepts in interesting contexts, thus helping you to understand and remember them. It illustrates legal principles using simple examples that anyone can understand. No single book can turn you into a lawyer, but this one can help you decide when you need a lawyer's assistance and help you ask intelligent questions of your lawyer. It can even help keep you out of situations requiring a lawyer. Part I tells you where our laws come from and how they are applied in the court system. Part II explains the role in law of the executive branch of government, including quasi-legislative and quasi-judicial activities, judicial review, and technicalities and terms. Part III covers several specific legal issues, including civil procedure, criminal law concepts, burden of proof, the "reasonable person" concept, breach of duty, personal and product liability, and malpractice. It also gives brief introductions to contracts, insurance law, workers' compensation, property law, environmental law, water law, and other legal matters. Every professional should own this valuable resource! Ideal for both personal and business use. Appendices include how to find legal citations and extracts from the federal rules of civil procedure.
Author: Robert Lefcourt
Publisher: Random House Trade
ISBN:
Category : Law
Languages : en
Pages : 428
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Book Description
Author: Anthony G. AMSTERDAM
Publisher: Harvard University Press
ISBN: 0674020200
Category : Law
Languages : en
Pages : 467
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Book Description
In this remarkable collaboration, one of the nation's leading civil rights lawyers joins forces with one of the world's foremost cultural psychologists to put American constitutional law into an American cultural context. By close readings of key Supreme Court opinions, they show how storytelling tactics and deeply rooted mythic structures shape the Court's decisions about race, family law, and the death penalty. Minding the Law explores crucial psychological processes involved in the work of lawyers and judges: deciding whether particular cases fit within a legal rule ("categorizing"), telling stories to justify one's claims or undercut those of an adversary ("narrative"), and tailoring one's language to be persuasive without appearing partisan ("rhetorics"). Because these processes are not unique to the law, courts' decisions cannot rest solely upon legal logic but must also depend vitally upon the underlying culture's storehouse of familiar tales of heroes and villains. But a culture's stock of stories is not changeless. Amsterdam and Bruner argue that culture itself is a dialectic constantly in progress, a conflict between the established canon and newly imagined "possible worlds." They illustrate the swings of this dialectic by a masterly analysis of the Supreme Court's race-discrimination decisions during the past century. A passionate plea for heightened consciousness about the way law is practiced and made, Minding the Law/tilte will be welcomed by a new generation concerned with renewing law's commitment to a humane justice. Table of Contents: 1. Invitation to a Journey 2. On Categories 3. Categorizing at the Supreme Court Missouri v. Jenkins and Michael H. v. Gerald D. 4. On Narrative 5. Narratives at Court Prigg v. Pennsylvania and Freeman v. Pitts 6. On Rhetorics 7. The Rhetorics of Death McCleskey v. Kemp 8. On the Dialectic of Culture 9. Race, the Court, and America's Dialectic From Plessy through Brown to Pitts and Jenkins 10. Reflections on a Voyage Appendix: Analysis of Nouns and Verbs in the Prigg, Pitts, and Brown Opinions Notes Table of Cases Index Reviews of this book: Amsterdam, a distinguished Supreme Court litigator, wanted to do more than share the fruits of his practical experience. He also wanted to...get students to think about thinking like a lawyer...To decode what he calls "law-think," he enlisted the aid of the venerable cognitive psychologist Jerome Bruner...[and] the collaboration has resulted in [this] unusual book. --James Ryerson, Lingua Franca Reviews of this book: It is hard to imagine a better time for the publication of Minding the Law, a brilliant dissection of the court's work by two eminent scholars, law professor Anthony G. Amsterdam and cultural anthropologist Jerome Bruner...Issue by issue, case by case, Amsterdam and Bruner make mincemeat of the court's handling of the most important constitutional issue of the modern era: how to eradicate the American legacy of race discrimination, especially against blacks. --Edward Lazarus, Los Angeles Times Book Review Reviews of this book: This book is a gem...[Its thesis] is easily stated but remarkably unrecognized among a shockingly large number of lawyers and law professors: law is a storytelling enterprise thoroughly entrenched in culture....Whereas critical legal theorists have talked among themselves for the past two decades, Amsterdam and Bruner seek to engage all of us in a dialogue. For that, they should be applauded. --Daniel R. Williams, New York Law Journal Reviews of this book: In Minding the Law, Anthony Amsterdam and Jerome Bruner show us how the Supreme Court creates the magic of inevitability. They are angry at what they see. Their book is premised on the conviction that many of the choices made in Supreme Court opinions 'lack any justification in the text'...Their method is to analyze the text of opinions and to show how the conclusions reached do not always follow from the logic of the argument. They also show how the Court casts its rhetoric like a spell, mesmerizing its audience, and making the highly contingent shine with the light of inevitability. --Mitchell Goodman, News and Observer (Raleigh, North Carolina) Reviews of this book: What do controversial Supreme Court decisions and classic age-old tales of adultery, villainy, and combat have in common? Everything--at least in the eyes of [Amsterdam and Bruner]. In this substantial study, which is equal parts dense and entertaining, the authors use theoretical discussions of literary technique and myths to expose what they see as the secret intentions of Supreme Court opinions...Studying how lawyers and judges employ the various literary devices at their disposal and noting the similarities between legal thinking and classic tactics of storytelling and persuasion, they believe, can have 'astonishing consciousness-retrieving effects'...The agile minds of Amsterdam and Bruner, clearly storehouses of knowledge on a range of subjects, allow an approach that might sound far-fetched occasionally but pays dividends in the form of gained perspective--and amusement. --Elisabeth Lasch-Quinn, Washington Times Reviews of this book: Stories and the way judges-intentionally or not-categorize and spin them, are as responsible for legal rulings as logic and precedent, Mr. Amsterdam and Mr. Bruner said. Their novel attempt to reach into the psyche of...members of the Supreme Court is part of a growing interest in a long-neglected and cryptic subject: the psychology of judicial decision-making. --Patricia Cohen, New York Times Most law professors teach by the 'case method,' or say they do. In this fascinating book, Anthony Amsterdam--a lawyer--and Jerome Bruner--a psychologist--expose how limited most case 'analysis' really is, as they show how much can be learned through the close reading of the phrases, sentences, and paragraphs that constitute an opinion (or other pieces of legal writing). Reading this book will undoubtedly make one a better lawyer, and teacher of lawyers. But the book's value and interest goes far beyond the legal profession, as it analyzes the way that rhetoric--in law, politics, and beyond--creates pictures and convictions in the minds of readers and listeners. --Sanford Levinson, author of Constitutional Faith Tony Amsterdam, the leader in the legal campaign against the death penalty, and Jerome Bruner, who has struggled for equal justice in education for forty years, have written a guide to demystifying legal reasoning. With clarity, wit, and immense learning, they reveal the semantic tricks lawyers and judges sometimes use--consciously and unconsciously--to justify the results they want to reach. --Jack Greenberg, Professor of Law, Columbia Law School
Author: Sumbul Ali-Karamali
Publisher: Beacon Press
ISBN: 0807038016
Category : Social Science
Languages : en
Pages : 258
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Book Description
A direct counterpoint to fear mongering headlines about shariah law—a Muslim American legal expert tells the real story, eliminating stereotypes and assumptions with compassion, irony, and humor Through scare tactics and deliberate misinformation campaigns, anti-Muslim propagandists insist wrongly that shariah is a draconian and oppressive Islamic law that all Muslims must abide by. They circulate horror stories, encouraging Americans to fear the “takeover of shariah” law in America and even mounting “anti-shariah protests” . . . . with zero evidence that shariah has taken over any part of our country. (That’s because it hasn’t.) It would be almost funny if it weren’t so terrifyingly wrong—as puzzling as if Americans suddenly began protesting the Martian occupation of Earth. Demystifying Shariah explains that shariah is not one set of punitive rules or even law the way we think of law—rigid and enforceable—but religious rules and recommendations that provide Muslims with guidance in various aspects of life. Sumbul Ali-Karamali draws on scholarship and her degree in Islamic law to explain shariah in an accessible, engaging narrative style—its various meanings, how it developed, and how the shariah-based legal system operated for over a thousand years. She explains what shariah means not only in the abstract but in the daily lives of Muslims. She discusses modern calls for shariah, what they mean, and whether shariah is the law of the land anywhere in the world. She also describes the key lies and misunderstandings about shariah circulating in our public discourse, and why so many of them are nonsensical. This engaging guide is intended to introduce you to the basic principles, goals, and general development of shariah and to answer questions like: How do Muslims engage with shariah? What does shariah have to do with our Constitution? What does shariah have to do with the way the world looks like today? And why do we all—Muslims or not—need to care?
Author: Katharina Pistor
Publisher: Princeton University Press
ISBN: 0691208603
Category : Business & Economics
Languages : en
Pages : 315
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Book Description
"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
Author: Janet S. Kole
Publisher:
ISBN: 9781627223041
Category : Legal briefs
Languages : en
Pages : 0
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Book Description
In the third in a series of practice guides by experienced litigator Janet Kole, Covering topics that A Brief Guide to Brief Writing covers topics such as ethical principles, lower court/appellate court distinctions, and JDAs. The author's honest and direct guidelines will help shape the brief writing of both veteran and new attorneys.
