Freedom To Harm

Author: Thomas O. McGarity
Publisher: Yale University Press
ISBN: 0300141246
Size: 42.10 MB
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DIV How much economic freedom is a good thing? This comprehensive look at America’s succession of “laissez faire revivals” shows how anti-regulatory business crusades harm public safety and economic performance. /div

The End Of Laissez Faire

Author: Damien Cahill
Publisher: Edward Elgar Publishing
ISBN: 178100028X
Size: 70.90 MB
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øWhen the global financial crisis hit in 2007, many commentators thought it heralded the end of neoliberalism. Several years later, neoliberalism continues to dominate policy making. This book sets out why such commentators got it so wrong, and why neo

Karl Llewellyn And The Realist Movement

Author: William Twining
Publisher: Cambridge University Press
ISBN: 1107023386
Size: 21.66 MB
Format: PDF, Kindle
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First published in 1973, Karl Llewellyn and the Realist Movement is a classic account of American Legal Realism and its leading figure. Karl Llewellyn is the best known and most substantial jurist of the group of lawyers known as the American Realists. He made important contributions to legal theory, legal sociology, commercial law, contract law, civil liberties and legal education. This intellectual biography sets Llewellyn in the broad context of the rise of the American Realist Movement and contains an overview of his life before focusing on his most important works, including The Cheyenne Way, The Bramble Bush, The Common Law Tradition and the Uniform Commercial Code. In this second edition the original text is supplemented with a preface by Frederick Schauer and an afterword in which William Twining gives a fascinating account of the making of the book and comments on developments in relevant legal scholarship over the past forty years.

The Second Bill Of Rights

Author: Cass R. Sunstein
Publisher: Basic Books (AZ)
ISBN: 9780465083336
Size: 61.71 MB
Format: PDF, ePub, Mobi
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Using FDR's 1944 State of the Union Address as a starting point, the author delves deeply into the revolutionary mind that penned this remarkable declaration of economic rights and illuminates the demise of this ambitious program for reform in the wake of the president's death. Reprint.

Why Does Inequality Matter

Author: T. M. Scanlon
Publisher: Oxford University Press
ISBN: 0198812698
Size: 31.69 MB
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Inequality is widely regarded as morally objectionable: T. M. Scanlon investigates why it matters to us. Demands for greater equality can seem puzzling, because it can be unclear what reason people have for objecting to the difference between what they have and what others have, as opposed simply to wanting to be better off. Scanlon's aim is to provide a moral anatomy of six reasons why inequality is objectionable, and the ideas of equality that these reasonsinvolve. He also examines objections to the pursuit of equality on the ground that it involves objectionable interference with individual liberty, and argues that ideas of desert do not provide a basiseither for justifying significant economic inequality or for objecting to it.

American Legal Realism

Author: William W. Fisher, III
Publisher: Oxford University Press
ISBN: 9780195071238
Size: 25.88 MB
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Of Studies in Legal Education (1929) / Edited by Herman Oliphant. "Institute Priests and Yale Observers - A Reply to Dean Goodrich" (1936) / Thurman W. Arnold. "Goodbye to Law Reviews" (1936) / Fred Rodell.

The Canon Of American Legal Thought

Author: David Kennedy
Publisher: Princeton University Press
ISBN: 0691186421
Size: 22.78 MB
Format: PDF
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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.

Illiberal Reformers

Author: Thomas C. Leonard
Publisher: Princeton University Press
ISBN: 1400874076
Size: 45.93 MB
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In Illiberal Reformers, Thomas Leonard reexamines the economic progressives whose ideas and reform agenda underwrote the Progressive Era dismantling of laissez-faire and the creation of the regulatory welfare state, which, they believed, would humanize and rationalize industrial capitalism. But not for all. Academic social scientists such as Richard T. Ely, John R. Commons, and Edward A. Ross, together with their reform allies in social work, charity, journalism, and law, played a pivotal role in establishing minimum-wage and maximum-hours laws, workmen's compensation, antitrust regulation, and other hallmarks of the regulatory welfare state. But even as they offered uplift to some, economic progressives advocated exclusion for others, and did both in the name of progress. Leonard meticulously reconstructs the influence of Darwinism, racial science, and eugenics on scholars and activists of the late nineteenth and early twentieth centuries, revealing a reform community deeply ambivalent about America's poor. Illiberal Reformers shows that the intellectual champions of the regulatory welfare state proposed using it not to help those they portrayed as hereditary inferiors but to exclude them.

The Blessings Of Liberty

Author: Michael Les Benedict
Publisher: Rowman & Littlefield
ISBN: 1442259930
Size: 27.15 MB
Format: PDF, Docs
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This concise, accessible text provides students with a history of American constitutional development in the context of political, economic, and social change. Constitutional historian Michael Benedict stresses the role that the American people have played over time in defining the powers of government and the rights of individuals and minorities. He covers important trends and events in U.S. constitutional history, encompassing key Supreme Court and lower-court cases. The volume begins by discussing the English and colonial origins of American constitutionalism. Following an analysis of the American Revolution's meaning to constitutional history, the text traces the Constitution's evolution from the Early Republic to the present day. This third edition is updated to include the election of 2000, the Tea Party and the rise of popular constitutionalism, and the rise of judicial supremacy as seen in cases such as Citizens United, the Affordable Care Act, and gay marriage.