Law’s Quandary

Law’s Quandary PDF

Author: Steven D. Smith

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 223

ISBN-13: 0674043820

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This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.

Democracy More or Less

Democracy More or Less PDF

Author: Bruce E. Cain

Publisher: Cambridge University Press

Published: 2015

Total Pages: 263

ISBN-13: 1107039630

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This book studies how American political reform efforts often fail because of the unrealistic ideal of a fully informed and engaged citizenry.

Legal Aspects of Emergency Services

Legal Aspects of Emergency Services PDF

Author: Gregory West

Publisher: Jones & Bartlett Learning

Published: 2021-10-19

Total Pages: 387

ISBN-13: 1284235580

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Legal Aspects of Emergency Services, Second Edition introduces members of fire and emergency medical services to the legal system in the United States, showing them how various types of laws affect their work in emergency services.

Cyber Law

Cyber Law PDF

Author: Aimee M. Bissonette, J.D.

Publisher: Corwin Press

Published: 2009-04-09

Total Pages: 129

ISBN-13: 1452273111

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"Bissonette has made an extremely important contribution to the technology leadership literature. School leaders face extraordinary challenges as they balance student empowerment with organizational responsibility. This book′s clear guidance, real-life scenarios, and practical tips help administrators navigate those shoals effectively." —Scott McLeod, Associate Professor and Director UCEA Center for the Advanced Study of Technology Leadership in Education Protect students and staff by ensuring the appropriate, ethical use of technology! Concerned that the fast-evolving technology used to empower students also puts the school at risk? The legal issues that affect today′s classrooms require a heightened awareness and understanding of Internet safety and cyber law. This timely reference is an essential overview for teachers, media specialists, and administrators covering legal issues related to Internet and technology use. Lawyer and educational policy expert Aimée M. Bissonette provides up-to-date research, jargon-free summaries of legal cases illustrating potentially risky classroom situations, and proactive strategies on: Privacy, security, copyright, liability, and safety Internet tools, social networking sites, cyberbullying, and appropriate online behavior The use of non-school electronics such as cell phones, handheld computers, and cameras With sample policies, procedures, permission forms, and contract language, Cyber Law turns complicated legal concepts into concrete ideas that will help schools act responsibly and anticipate new developments.

The Diffusion of Law

The Diffusion of Law PDF

Author: Professor Sue Farran

Publisher: Ashgate Publishing, Ltd.

Published: 2015-08-28

Total Pages: 257

ISBN-13: 1472460405

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This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. The volume is international, multi-disciplinary and multi-methodological in approach and brings together scholars from law and social science with experience in mixed and hybrid jurisdictions. The book provides timely new insights and a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form.

Law's Limits

Law's Limits PDF

Author: Neil K. Komesar

Publisher: Cambridge University Press

Published: 2001-12-10

Total Pages: 220

ISBN-13: 9780521000864

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This 2002 book demonstrates how property law and rights shift and cycle in the US.

Fictions, Lies, and the Authority of Law

Fictions, Lies, and the Authority of Law PDF

Author: Steven D. Smith

Publisher: University of Notre Dame Pess

Published: 2021-09-15

Total Pages: 349

ISBN-13: 0268201196

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Fictions, Lies, and the Authority of Law discusses legal, political, and cultural difficulties that arise from the crisis of authority in the modern world. Is there any connection linking some of the maladies of modern life—“cancel culture,” the climate of mendacity in public and academic life, fierce conflicts over the Constitution, disputes over presidential authority? Fictions, Lies, and the Authority of Law argues that these diverse problems are all a consequence of what Hannah Arendt described as the disappearance of authority in the modern world. In this perceptive study, Steven D. Smith offers a diagnosis explaining how authority today is based in pervasive fictions and how this situation can amount to, as Arendt put it, “the loss of the groundwork of the world.” Fictions, Lies, and the Authority of Law considers a variety of problems posed by the paradoxical ubiquity and absence of authority in the modern world. Some of these problems are jurisprudential or philosophical in character; others are more practical and lawyerly—problems of presidential powers and statutory and constitutional interpretation; still others might be called existential. Smith’s use of fictions as his purchase for thinking about authority has the potential to bring together the descriptive and the normative and to think about authority as a useful hypothesis that helps us to make sense of the empirical world. This strikingly original book shows that theoretical issues of authority have important practical implications for the kinds of everyday issues confronted by judges, lawyers, and other members of society. The book is aimed at scholars and students of law, political science, and philosophy, but many of the topics it addresses will be of interest to politically engaged citizens.

Empire's Mobius Strip

Empire's Mobius Strip PDF

Author: Stephanie Malia Hom

Publisher: Cornell University Press

Published: 2019-09-15

Total Pages: 199

ISBN-13: 1501739921

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Its brilliant prose makes [Empire's Mobius Strip] easily accessible to anyone interested in today's migration crisis in the Mediterranean and elsewhere in the world.― American Historical Review Italy's current crisis of Mediterranean migration and detention has its roots in early twentieth century imperial ambitions. Empire's Mobius Strip investigates how mobile populations were perceived to be major threats to Italian colonization, and how the state's historical mechanisms of control have resurfaced, with greater force, in today's refugee crisis. What is at stake in Empire's Mobius Strip is a deeper understanding of the forces driving those who move by choice and those who are moved. Stephanie Malia Hom focuses on Libya, considered Italy's most valuable colony, both politically and economically. Often perceived as the least of the great powers, Italian imperialism has been framed as something of "colonialism lite." But Italian colonizers carried out genocide between 1929–33, targeting nomadic Bedouin and marching almost 100,000 of them across the desert, incarcerating them in camps where more than half who entered died, simply because the Italians considered their way of life suspect. There are uncanny echoes with the situation of the Roma and migrants today. Hom explores three sites, in novella-like essays, where Italy's colonial past touches down in the present: the island, the camp, and the village. Empire's Mobius Strip brings into relief Italy's shifting constellations of mobility and empire, giving them space to surface, submerge, stretch out across time, and fold back on themselves like a Mobius strip. It deftly shows that mobility forges lasting connections between colonial imperialism and neoliberal empire, establishing Italy as a key site for the study of imperial formations in Europe and the Mediterranean.

The Spirit Of American Law

The Spirit Of American Law PDF

Author: George S Grossman

Publisher: Routledge

Published: 2018-04-24

Total Pages: 580

ISBN-13: 0429975457

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Intended for the general public, the readings in this collection explore the roots of American law from pre-history to ancient Greece and Rome and the common law of England. America's legal development is traced from the drafting of the Constitution to the Rehnquist Court. Themes along the way include the ?Golden Age? of the early nineteenth century, when American law took on its distinctive character, the impact of slavery and the Civil War, and the struggles of the Progressives to regulate the nation's industrialized economy between the post-Civil War era and the New Deal. A reading on the Nuremberg Trials introduces the theme of international human rights, while post-war readings trace the nation's legal confrontations over civil liberties, civil rights, the rights of women, the protection of the environment, and legal protections for those accused of crimes. Dramatic highlights include the Sacco-Vanzetti case, the internment of Japanese-Americans during the Second World War, the trial of the ?Chicago Eight? during the Vietnam War, and the Watergate scandal. Leading personalities include Sirs Edward Coke and William Blackstone in England, Chief Justices John Marshall and Earl Warren, Justices Stephen J. Field, Oliver Wendell Holmes, Jr., Louis D. Brandeis, and Felix Frankfurter, and Judge Learned Hand. Readings on the future of American law explore the impact of alternative dispute resolution, science and technology, globalization, and space exploration, as well as trends in the legal profession and in legal philosophy.