American Legal History

Cases and Materials

Author: Kermit L. Hall,Paul Finkelman,James W. Ely

Publisher: Oxford University Press, USA

ISBN: 9780190253264

Category: Law

Page: 768

View: 1803

This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, American Legal History: Cases and Materials, Fifth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book also deals with state and federal courts and looks at the relationship between the development of American society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Fifth Edition, is an indispensable text for students and teachers of constitutional and legal history, the judicial process, and the effects of society on law.

American Legal History

Cases and Materials

Author: Kermit L. Hall,Paul Finkelman,James W. Ely

Publisher: Oxford University Press, USA

ISBN: 9780195395426

Category: Law

Page: 713

View: 6177

This highly acclaimed text provides a comprehensive selection of the most important documents in American legal history, integrating the history of public and private law from America's colonial origins to the present. Devoting special attention to the interaction of social and legal change, American Legal History: Cases and Materials, Fourth Edition, shows how legal ideas developed in tandem with specific historical events and reveals a rich legal culture unique to America. The book alsodeals with state and federal courts and looks at the relationship between the development of American society, politics, and economy and how it relates to the evolution of American law. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. New to this Edition * New cases on hot-button issues including guns, education, terrorism, and same sex marriage and unions * Updated material on the War on Terror and the Supreme Court response to military trials * New material on the emerging laws surrounding transgendered people * Additional material on eminent domain and the Supreme Court's controversial decision in Kelo v. City of New London Setting the legal challenges of the twenty-first century in a broad context, American Legal History, Fourth Edition, is an indispensable text for students and teachers ofconstitutional and legal history, the judicial process, and the effects of society on law.

American Legal History

Cases and Materials

Author: Kermit Hall,William M. Wiecek,Paul Finkelman

Publisher: Oxford University Press, USA

ISBN: 9780195097641

Category: Law

Page: 610

View: 4906

Approaching American legal history from a new perspective, this text employs cases and other legal documents to reveal the law's underlying culture. American Legal History provides a comprehensive selection of the most important documents, which integrate the history of public and private law from America's colonial origins to the present. It devotes special attention to the interaction of social and legal change, shows how legal ideas developed in tandem with specific historical events, and reveals a rich legal culture unique to America. Introductions and instructive headnotes accompany each document, tying legal developments to broader historical themes and providing a social and political context essential to an understanding of the history of law in America. This second edition is fully updated as well as expanded. The authors have revised the sections on the colonial, pre-Civil War, and immediate post-World War II periods, and have added material on the most recent developments in American constitutional and legal history. Special attention is paid to issues of death and dying, criminal justice, environmentalism, and feminist critique of the law. Offering a thorough examination of both public and private law, American Legal History is essential for students and teachers of constitutional and legal history, the judicial process, and the effects of law on society.

Art, Cultural Heritage, and the Law

Cases and Materials

Author: Patty Gerstenblith

Publisher: N.A

ISBN: 9781611632040

Category: Law

Page: 1146

View: 8643

"Art, Cultural Heritage, and the Law is one of the first and most comprehensive legal casebooks to address the rapidly emerging fields of art and cultural heritage law. It is also distinctive in its extensive use of an interdisciplinary approach and images to illustrate the artworks discussed in the legal materials. This book addresses artists' rights (freedom of expression, copyright, and moral rights); the functioning of the art market (dealers and auction houses, warranties of quality and authenticity, transfer of title and recovery of stolen art works, and the role of museums), and finally cultural heritage (the fate of art works and cultural objects in time of war, the international trade in art works and cultural objects, the historic, archaeological and underwater heritage of the United States, and indigenous cultures, focusing on restitution of Native American cultural objects and human remains, and appropriation of indigenous culture).The third edition retains the basic structure of the earlier editions while updating case law, policies and events. It includes cutting edge legal developments, such as the new decisions in the Fisk University dispute, Bakalar v. Vavra, and Cassirer v. Spain, United States ratification of the 1954 Hague Convention, restitutions of ancient art works from US museums to Italy and other countries, and application of museum policies. Expanded and updated treatment is given to art merchant practices, functioning of the art market, and the use of civil forfeiture to recover illegally imported cultural objects."

American Law in the 20th Century

Author: Lawrence Meir Friedman

Publisher: Yale University Press

ISBN: 0300102992

Category: History

Page: 722

View: 1049

American law in the twentieth century describes the explosion of law over the past century into almost every aspect of American life. Since 1900 the center of legal gravity in the United States has shifted from the state to the federal government, with the creation of agencies and programs ranging from Social Security to the Securities Exchange Commission to the Food and Drug Administration. Major demographic changes have spurred legal developments in such areas as family law and immigration law. Dramatic advances in technology have placed new demands on the legal system in fields ranging from automobile regulation to intellectual property. Throughout the book, Friedman focuses on the social context of American law. He explores the extent to which transformations in the legal order have resulted from the social upheavals of the twentieth century--including two world wars, the Great Depression, the civil rights movement, and the sexual revolution. Friedman also discusses the international context of American law: what has the American legal system drawn from other countries? And in an age of global dominance, what impact has the American legal system had abroad? This engrossing book chronicles a century of revolutionary change within a legal system that has come to affect us all.

Law in America

A Short History

Author: Lawrence M. Friedman

Publisher: Modern Library

ISBN: 1588362507

Category: History

Page: 224

View: 3970

“Law in America is a little gem. It is a peerless introduction to our legal history—concise, clear, tellingly told, and beautifully written. The greatest living historian of American law has done it again.” —Stanley N. Katz, former president of the American Society for Legal History and the Organization of American Historians “All societies have laws, but neither all laws nor all legal systems are alike. No one has thought more deeply or written more clearly about the peculiar role of law in American life than Lawrence Friedman. In this trenchant, illuminating book, he distills a lifetime of scholarship and teaching into a concise and provocative explanation of the role that law has played in shaping the distinctive contours of American history and culture.” —David M. Kennedy, professor of history at Stanford University and author of Freedom from Fear Throughout America’s history, our laws have been a reflection of who we are, of what we value, of who has control. They embody our society’s genetic code. In the masterful hands of the subject’s greatest living historian, the story of the evolution of our laws serves to lay bare the deciding struggles over power and justice that have shaped this country from its birth pangs to the present. Law in America is a supreme example of the historian’s art, its brevity a testament to the great elegance and wit of its composition.

Cases and Materials on Federal Indian Law

Author: David Getches,Charles Wilkinson,Kristen Carpenter,Robert Williams,Matthew Fletcher

Publisher: West Academic Publishing

ISBN: 9781634599061

Category:

Page: 1179

View: 1306

This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.

A Legal History of the Civil War and Reconstruction

Author: Laura F. Edwards

Publisher: Cambridge University Press

ISBN: 1107008794

Category: History

Page: 226

View: 2390

This book provides a succinct and accessible account of the critical role of legal and constitutional issues of the American Civil War.

Baseball and the Law

Cases and Materials

Author: Louis H. Schiff,Robert M. Jarvis

Publisher: N.A

ISBN: 9781611635027

Category:

Page: 1040

View: 2896

Baseball and the Law: Cases and Materials explores the jurisprudence of baseball through 110 principal readings, 619 notes, and 26 photographs. After an introductory chapter that acquaints students with the sport and the role lawyers have played in its development, the authors proceed to examine a multitude of legal issues, from player salaries, franchise relocations, and steroids to fan safety, broadcast rights, and gambling. Special attention is paid to racial and sexual discrimination; tax planning, asset protection, and bankruptcy; and the burgeoning use of technology. A concluding chapter focuses on amateur and youth baseball. The book draws on a variety of materials--including court decisions, arbitration awards, law review articles, newspapers stories, and blog posts--to place baseball in three different contexts: cultural, historical, and legal. The exhaustive notes make numerous references to movies, TV shows, and videos to further demonstrate the connection between baseball and the law. In addition to being a fun read, this work will strengthen a student's understanding of such core subjects as civil procedure, constitutional law, property, and torts while improving his or her ability to read contracts and parse statutes.

Law's History

American Legal Thought and the Transatlantic Turn to History

Author: David M. Rabban

Publisher: Cambridge University Press

ISBN: 0521761913

Category: History

Page: 564

View: 2089

This is a study of the central role of history in late-nineteenth century American legal thought. In the decades following the Civil War, the founding generation of professional legal scholars in the United States drew from the evolutionary social thought that pervaded Western intellectual life on both sides of the Atlantic. Their historical analysis of law as an inductive science rejected deductive theories and supported moderate legal reform, conclusions that challenge conventional accounts of legal formalism Unprecedented in its coverage and its innovative conclusions about major American legal thinkers from the Civil War to the present, the book combines transatlantic intellectual history, legal history, the history of legal thought, historiography, jurisprudence, constitutional theory, and the history of higher education.

An Introduction to the American Legal System, Government, and Constitutional Law

Author: Diane S. Kaplan

Publisher: Wolters Kluwer Law & Business

ISBN: 1454870958

Category: Political Science

Page: 304

View: 5526

This new coursebook introduces students to the relationship among the American constitutional, governmental, and legal systems. With a clear and concise presentation, this book explores historical and contemporary events, judicial opinions, and constitutional provisions that demonstrate how the three systems accommodate social progress in an ever-changing and highly diverse nation. Perfect for LLM courses or even undergraduate classes, this book aims to teach students how to understand constitutional doctrines, brief judicial opinions, and how American history affects contemporary legal issues. Features: Clear and concise presentation and logical organization of material making it an excellent introductory book to the American legal system Inclusion of modern cases on relevant topics, such as same-sex marriage, legalization of marijuana, and homicidal laws affecting juveniles Chapter questions that facilitate basic legal analysis through hypotheticals, opinion briefing, and application of constitutional provisions Inclusion of important historical and political events, such as lawsuits brought against Presidents, congressional impeachment powers, the Electoral College System, the Supreme Court s resolution of voting issues, the Civil War and post Civil War constitutional amendments, the Civil Rights movement, presidential and congressional war powers, and Supreme Court opinions about Guantanamo Bay detainees

Race Law

Cases, Commentary, and Questions

Author: F. Michael Higginbotham

Publisher: N.A

ISBN: 9781611634662

Category:

Page: 856

View: 4374

Maintaining the easily readable style and tightly organized structure of the earlier editions, the fourth edition of Race Law provides an in-depth examination of the issue of race and values in the American legal process, from the formation of the United States Constitution in 1787 to the present. This book covers a unique blend of original source materials and scholarly analysis, including historical background information, legislation, judicial decisions, congressional hearings, commentary, biographical information, and questions. Fully revised and updated, it offers important new material on citizenship, immigration, politics, criminal justice, affirmative action, and voting rights, and important new cases such as Fisher v. University of Texas, Schuette v. Coalition to Defend Affirmative Action, and Shelby County v. Holder.

Text, Cases and Materials on Contract Law

Author: Richard Stone,James Devenney

Publisher: Routledge

ISBN: 131743448X

Category: Law

Page: 817

View: 5654

Written by leading authors in the field, this clear and highly accessible volume provides full coverage of the topics commonly found in the contract law syllabus, alongside up-to-date illustrative case examples and stimulating commentary. Composed of approximately one-quarter authors’ commentaries and three-quarters cases and materials, including academics’ articles and extracts from books and Law Commission papers, this book takes account of a variety of theoretical perspectives, including economic, relational and empirical conceptions of the law. This book facilitates the development of personal study skills and encourages readers to engage with the leading academic commentaries in the area. Features to support your learning include: ? chapter introductions to highlight the salient features under discussion and signpost topics to guide readers through this comprehensive text; ? additional reading listed at the end of each chapter to assist further study and independent research; ? clear and attractive text design that differentiates between the authors’ commentaries and the materials; ? a companion website that provides skills materials and self-assessment tasks to help further your learning. The range of material covered, straightforward style and targeted updates to this fourth edition make Text, Cases and Materials on Contract Law a comprehensive and invaluable resource for all undergraduate and postgraduate students of contract law.

The Steps to the Supreme Court

A Guided Tour of the American Legal System

Author: Peter Irons

Publisher: John Wiley & Sons

ISBN: 1118138066

Category: Political Science

Page: 320

View: 1587

A guide to the American legal system, told through the story of two actual court cases The Steps to the Supreme Court takes a lively, narrative approach to the subject by following two real cases--one civil, one criminal--as they work their way through the system all the way up to the Supreme Court. Written by a member of the Supreme Court bar, this book brings the legal system to life in a practical, accessible, and compelling way. Covers the key legal terms, principles, and processes you need to have a basic grasp of the American legal system Tracks the criminal case involving the murder trial of Paul House and follows the defendant from the night of the murder through his conviction, appeals, and final chance for exoneration at the hands of the Supreme Court Follows a civil case concerning the Ten Commandments being displayed on public property, following the parties from the time the plaintiffs filed their complaints through the Supreme Court decisions and back to the aftermath in the lower courts as they wrestle with a divided complex ruling Written by the author of A People's History of the Supreme Court, and other classic works on the American justice system

Railroads and American Law

Author: James W. Ely

Publisher: N.A

ISBN: 9780700611447

Category: Law

Page: 365

View: 3970

No enterprise is so seductive as a railroad for the influence it exerts, the power it gives, and the hope of gain it offers.—Poor's Manual of Railroads (1900 At its peak, the railroad was the Internet of its day in its transformative impact on American life and law. A harbinger and promoter of economic empire, it was also the icon of a technological revolution that accelerated national expansion and in the process transformed our legal system. James W. Ely Jr., in the first comprehensive legal history of the rail industry, shows that the two institutions—the railroad and American law—had a profound influence on each other. Ely chronicles how "America's first big business" impelled the creation of a vast array of new laws in a country where long-distance internal transport had previously been limited to canals and turnpikes. Railroads, the first major industry to experience extensive regulation, brought about significant legal innovations governing interstate commerce, eminent domain, private property, labor relations, and much more. Much of this development was originally designed to serve the interests of the railroads themselves but gradually came to contest and control the industry's power and exploitative tendencies. As Ely reveals, despite its great promise and potential as an engine of prosperity and uniter of far-flung regions, the railroad was not universally admired. Railroads uprooted people, threatened local autonomy, and posed dangers to employees and the public alike—situations with unprecedented legal ramifications. Ely explores the complex and sometimes contradictory ways in which those ramifications played out, as railroads crossed state lines and knitted together a diverse nation with thousands of miles of iron rail. Epic in its scope, Railroads and American Law makes a complex subject accessible to a wide range of readers, from legal historians to railroad buffs, and shows the many ways in which a powerful industry brought change and innovation to America.

Law and the Holocaust

U.S. Cases and Materials

Author: MICHAEL. BAZYLER,Robert M. Jarvis

Publisher: N.A

ISBN: 9781611630152

Category:

Page: 814

View: 2896

Law and the Holocaust: U.S. Cases and Materials uses federal and state court decisions to teach students about one of humanity's greatest calamities. Part I situates the Holocaust as a legal event. Part II focuses on the prosecution of Nazi war criminals. Part III describes the efforts of Holocaust victims to obtain financial compensation through civil lawsuits. Lastly, Part IV considers the extent to which the First Amendment protects neo-Nazis. The first casebook of its kind, Law and the Holocaust features 71 principal cases, 290 notes, 26 statutory appendices, 31 photographs, and three maps.

Modern American Remedies

Cases and Materials, 2018 Supplement

Author: Douglas Laycock,Richard L. Hasen

Publisher: Wolters Kluwer Law & Business

ISBN: 1543805434

Category: Law

Page: 194

View: 8896

Modern American Remedies: Cases and Materials, Fourth Edition, 2018 Supplement

Cases and Materials on American Property Law

Author: Sheldon F. Kurtz,Herbert Hovenkamp

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 1216

View: 5409

This law school casebook provides updated and revised materials on property rights. Included are materials on human embryos and human body parts, updated materials on gifts, including gifts of engagement rings, as well as updated materials on tenancy by the entirety. Readers will also find completely revised and updated coverage of the law of takings and zoning, including all Supreme Court decisions through 2002, and expanded and updated coverage of the law of housing discrimination, with increased attention to state and local law issues, as well as handicapped and age discrimination under the federal Fair Housing Act.

Franchising

Cases, Materials, & Problems

Author: Alexander M. Meiklejohn

Publisher: Amer Bar Assn

ISBN: 9781627223386

Category: Law

Page: 907

View: 5297

Franchising: Cases, Materials, & Problems is designed for use in a franchise law course. A teacher who wishes to emphasize the role of intellectual property concepts in franchise law can assign the chapters on trademarks, trade secrets, and copyright in full as well as parts of other chapters. A teacher who prefers to emphasize the regulatory aspects of franchise law can assign the chapters on disclosure and relationship laws in full, supplemented by other chapters.