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Author : Harvard Law Review
Release : 2017-03-09
Genre : Law
Kind : eBook
Book Rating : 83X/5 ( reviews)
Book Synopsis Harvard Law Review: Volume 130, Number 5 - March 2017 by : Harvard Law Review
Download or read book Harvard Law Review: Volume 130, Number 5 - March 2017 written by Harvard Law Review. This book was released on 2017-03-09. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John C. P. Goldberg
Release : 2020-02-04
Genre : Law
Kind : eBook
Book Rating : 527/5 ( reviews)
Book Synopsis Recognizing Wrongs by : John C. P. Goldberg
Download or read book Recognizing Wrongs written by John C. P. Goldberg. This book was released on 2020-02-04. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Harvard Law Review
Release : 2011-06-28
Genre : Law
Kind : eBook
Book Rating : 727/5 ( reviews)
Book Synopsis Harvard Law Review: Volume 124, Number 8 - June 2011 by : Harvard Law Review
Download or read book Harvard Law Review: Volume 124, Number 8 - June 2011 written by Harvard Law Review. This book was released on 2011-06-28. Available in PDF, EPUB and Kindle. Book excerpt: The Contents of issue number 8 (volume 124, June 2011) are: In Memoriam: William J. Stuntz Pamela S. Karlan Michael J. Klarman Martha Minow Daniel C. Richman Robert E. Scott David Skeel Carol Steiker ARTICLES: The Host’s Dilemma: Strategic Forfeiture in Platform Markets for Informational Goods, Jonathan M. Barnett Separation of Powers as Ordinary Interpretation, John F. Manning NOTES: Interpreting Silence: The Roles of the Courts and the Executive Branch in Head of State Immunity Cases Advisory Opinions and the Influence of the Supreme Court over American Policymaking RECENT CASES: Fourth Amendment — Qualified Immunity Criminal Law — Sentencing Guidelines Civil Procedure — Protective Orders Constitutional Law — First Amendment Criminal Law — Sentencing RECENT LEGISLATION: Administrative Law — Agency Design (Dodd-Frank/CFPB) RECENT PUBLICATIONS
Author : Robert A. Katzmann
Release : 2014-08-14
Genre : Law
Kind : eBook
Book Rating : 149/5 ( reviews)
Book Synopsis Judging Statutes by : Robert A. Katzmann
Download or read book Judging Statutes written by Robert A. Katzmann. This book was released on 2014-08-14. Available in PDF, EPUB and Kindle. Book excerpt: In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.
Author : Adam B. Cox
Release : 2020-08-04
Genre : Law
Kind : eBook
Book Rating : 386/5 ( reviews)
Book Synopsis The President and Immigration Law by : Adam B. Cox
Download or read book The President and Immigration Law written by Adam B. Cox. This book was released on 2020-08-04. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
