This noteworthy address, with its appreciation of the scientific problems involved, its courage and social vision, will go down in history as one of the most valuable contributions in our time to medico-legal jurisprudence."--Back cover.
A collection of notable opinions by the great judge in the areas of civil rights, crime, contractual relations, injuries, estates, labor and social matters, and international relations. Cardozo's opinions bear the mark of careful preparation, of patient and laborious research, of a profound understanding of legal principles and their ethical, social, and economic setting."--Rear cover.
A collection of notable opinions by the great judge in the areas of civil rights, crime, contractual relations, injuries, estates, labor and social matters, and international relations. Cardozo's opinions bear the mark of careful preparation, of patient and laborious research, of a profound understanding of legal principles and their ethical, social, and economic setting."--Rear cover.
Modern compilation and Foreword by Harvard law professor Andrew L. Kaufman, for a new generation to understand Justice Benjamin Cardozo's important and historic analysis of the way judges think and decide cases. Cardozo's frank discussion of the influences on judges, and Kaufman's expert take on Cardozo and his work, combine for an interesting study of judicial decision-making, still useful today.
This noteworthy address, with its appreciation of the scientific problems involved, its courage and social vision, will go down in history as one of the most valuable contributions in our time to medico-legal jurisprudence."--Back cover.
Franklin Moses Jr. is one of the great forgotten figures in American history. Scion of a distinguished Jewish family in South Carolina, he was a firebrand supporter of secession and an officer in the Confederate army. Moses then reversed course. As Reconstruction governor of South Carolina, he shocked and outraged his white constituents by championing racial equality and socializing freely with former slaves. Friends denounced him, his family disowned him, and enemies ultimately drove him from his home state. In Moses of South Carolina, Benjamin Ginsberg rescues this protean figure and his fascinating story from obscurity. Though Moses was far from a saint—he was known as the “robber governor” for his corrupt ways—Ginsberg suggests that Moses nonetheless deserves better treatment in the historical record. Despite his moral lapses, Moses launched social programs, integrated state institutions, and made it possible for blacks to attend the state university. As a Jew, Moses grew up on the fringe of southern plantation society. After the Civil War, Moses envisioned a culture different from the one in which he had been raised, one that included the newly freed slaves. From the margins of southern society, Franklin Moses built America’s first black-Jewish alliance, a model, argues Ginsberg, for the coalitions that would help reshape American politics in the decades to come. Revisiting the story of the South's “most perfect scalawag,” Ginsberg contributes to a broader understanding of the essential role southern Jews played during the Civil War and Reconstruction.
I don't know where to stop praising Benny and this amazing book' - HEATHER MORRIS, The Tattooist of Auschwitz 'This book...is the stuff folk tales are made of. How wonderful that sometimes they are true' - MARTIN FREEMAN 'An engaging book...There wasn't one anecdote or episode that didn't make you wish to hear more about it' - THE TIMES *** What a century of life experience can teach us about happiness, ambition, courage, love and how to make the most of the lives we've been given. How many people do you know grew up as a poor immigrant in America during the Great Depression, won a scholarship to Harvard Law School, landed on the beaches of Normandy on D Day, were present at the liberation of concentration camps including Buchenwald, Mauthausen and Flossenburg, held leading Nazis to account at the Nuremberg trials and have fought for an International Criminal Court to hold war criminals to account the world over? Now you know one. Benjamin Ferencz turned 100 in 2020. In this extraordinary book, he shares his remarkable life story and the nine humble, compelling and life-affirming lessons he's learned along the way that we can all harness for ourselves. *** 'Warm, wise and inspiring - a book for our times by one of the world's most remarkable human beings' - PHILIPPE SANDS, author of East West Street and The Ratline 'Ferencz is a true survivor and Mensch! He has wonderful humour, patience and gratitude. The book is a must read' - DR EDITH EGER, author of The Choice and The Gift 'This is a life-affirming and beautiful book from a great human being. There are simple truths here to treasure' - BART VAN ES, author of The Cut Out Girl 'I read this in one go and it felt like moments ... Here is wisdom stripped to the necessary minimum - spare but nutritious. This is the good stuff' - NEIL OLIVER
States are thought only to exercise power over the land of the living. Benjamin Ginsberg argues otherwise, exploring the state’s reach into the realm of the Grim Reaper, bureaucratizing death to strengthen the state’s hold on life. He notes that increasingly institutions are using the regulation of death as an essential source of power. They do this by not only threatening death to their enemies but also securing loyalty and obedience by extending citizens’ lives and promising to effectuate the postmortem fulfillment of citizens’ antemortem desires. The state treats the loyal dead with respect, sometimes offering them a place in the secular afterlife of honor and memory, while consigning the faithless to the void.
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.
Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.
Tort Law: Responsibilities and Redress presents tort law as a complex but coherent subject. The authors have arranged the materials to be both highly sophisticated and extremely user friendly. This book has been adopted at schools across the country and always receives high praise from faculty and students for its relevant, contemporary cases, extensive and informative notes, and its 500+ page, cradle-to-grave Teacher’s Manual. The Fifth Edition of Tort Law: Responsibilities and Redress has been updated to reflect the very latest developments in tort law, including discussions of new developments in civil rights law (pertaining especially to excessive force claims against police), as well as public nuisance, toxic torts, and new draft provisions of the Third Restatement of Torts: Intentional Torts to Persons. The book also contains “Check Your Understanding,” “Big Think,” and “Did You Know?” text boxes designed to enable students to engage in self-assessment, along with a user-friendly page layout. A comprehensive set of high-quality PowerPoint slides covering all principal cases is also available to adopters. New to the Fifth Edition: Additional “Check Your Understanding,” “Big Think” and “Did you Know?” text boxes enable students to engage in self-assessment as they proceed through their Torts class New materials on civil rights litigation, public nuisance, toxic torts and the Intentional Torts provisions of the Third Restatement. User-friendly page layout features helpful photographs, illustrations, and original charts Professors and student will benefit from: Text and notes that are fully up to date on the latest developments in tort law, including new Restatement provisions and the latest decisions from state, federal, and foreign courts. More than 15 years of overwhelmingly positive student and instructor feedback from law schools across the U.S. which demonstrate that Tort Law: Responsibilities and Redress is the most user-friendly Torts casebook on the market. The book is completely contemporary. Classic tort cases are included but, emphasis is placed on modern cases and modern issues that demonstrate tort law’s continued importance and relevance. Teaching materials Include: Teacher’s Manual, including Sample Syllabi The 500+ page Teacher’s Manual has no rival among Torts casebooks. Comprehensive Deck of PowerPoint Slides 200+ PowerPoint slides available to adopters can be adapted for use in class, or to help instructors organize their class discussions. CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
This book illustrates the deep roots of natural law doctrines in America's political culture. Originally published in 1931, the volume shows that American interpretations of natural law go to the philosophical heart of the American regime. The Declaration of Independence is the preeminent example of natural law in American political thought it is the self-evident truth of American society.Benjamin Wright proposes that the decline of natural law as a guiding factor in American political behaviour is inevitable as America's democracy matures and broadens. What Wright also chronicled, inadvertently, was how the progressive critique of natural law has opened a rift between and among some of the ruling elites and large numbers of Americans who continue to accept it. Progressive elites who reject natural law do not share the same political culture as many of their fellow citizens.Wright's work is important because, as Leo Strauss and others have observed, the decline of natural law is a development that has not had a happy ending in other societies in the twentieth century. There is no reason to believe it will be different in the United States.
Traces the evolution of commercail banking in the United States from the beginnings in the late eighteenth century until 1988. This title is a reprint.
With experience as both a trial and appellate judge, Charles Benjamin Schudson knows the burdens on judges. With engaging candor, he takes readers behind the bench to probe judicial minds analyzing actual trials and sentencings—of abortion protesters, murderers, sex predators, white supremacists, and others. He takes us into chambers to hear judges forging appellate decisions about life and death, multimillion-dollar damages, and priceless civil rights. And, most significantly, he exposes the financial, political, personal, and professional pressures that threaten judicial ethics and independence. As political attacks on judges increase, Schudson calls for reforms to protect judicial independence and for vigilance to ensure justice for all. Independence Corrupted is invaluable for students and scholars, lawyers and judges, and all citizens concerned about the future of America's courts.
This book reveals a surprising ignorance on the part of unelected federal officials regarding the life circumstances and opinions of average Americans as well as an attitude of condescension"--
This volume collects the four Storrs Lectures Delivered at Yale University by Benjamin N. Cardozo. Included are "The Method of Philosophy," "The Methods of History, Tradition and Sociology," "The Method of Sociology. The Judge as a Legislator," and "Adherence to Precedent. The Subconscious Element in the Judicial Process.' Includes numerous notes on the lectures.
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