Reading Law

The Interpretation of Legal Texts

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Author: Antonin Scalia,Bryan A. Garner

Publisher: West Group

ISBN: 9780314275554

Category: Law

Page: 567

View: 6360

In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

The Judge

26 Machiavellian Lessons

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Author: Ronald K.L. Collins,David M. Skover

Publisher: Oxford University Press

ISBN: 0190490160

Category: Political Science

Page: 144

View: 3307

There is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.

Legal Writing in Plain English, Second Edition

A Text with Exercises

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Author: Bryan A. Garner

Publisher: University of Chicago Press

ISBN: 022603139X

Category: Law

Page: 256

View: 3931

Admirably clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. Since 2001 Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. Now the leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching experience. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward.

Garner on Language and Writing

Selected Essays and Speeches of Bryan A. Garner

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Author: Bryan A. Garner

Publisher: Amer Bar Assn

ISBN: N.A

Category: Law

Page: 839

View: 5039

Presents a collection of essays on such topics as style, persuasion, contractural and legislative drafting, writing in law practice, and judicial writing.

Black's Law Dictionary

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Author: Bryan A. Garner

Publisher: West Legalworks

ISBN: 9780314199508

Category: Law

Page: 1920

View: 1160

Features more than ten thousand legal terms and includes a dictionary guide and the complete United States Constitution.

Mein Kampf

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Author: Adolf Hitler

Publisher: N.A

ISBN: 9781911417682

Category:

Page: N.A

View: 4528

Als glUckliche Bestimmung gilt es mir heute, da das Schicksal mir zum Geburtsort gerade Braunau am Inn zuwies. Liegt doch dieses StAdtchen an der Grenze jener zwei deutschen Staaten, deren Wiedervereinigung mindestens uns JUngeren als eine mit allen Mitteln durchzufUhrende Lebensaufgabe erscheint! DeutschOsterreich mu wieder zurUck zum groen deutschen Mutterlande, und zwar nicht aus GrUnden irgendwelcher wirtschaftlichen ErwAgungen heraus. Nein, nein: Auch wenn diese Vereinigung, wirtschaftlich gedacht, gleichgUltig, ja selbst wenn sie schAdlich wAre, sie mUte dennoch stattfinden. Gleiches Blut gehOrt in ein gemeinsames Reich. Das deutsche Volk besitzt solange kein moralisches Recht zu kolonialpolitischer TAtigkeit, solange es nicht einmal seine eigenen SOhne in einem gemeinsamen Staat zu fassen vermag. Erst wenn des Reiches Grenze auch den letzten Deutschen umschliet, ohne mehr die Sicherheit seiner ErnAhrung bieten zu kOnnen, ersteht aus der Not des eigenen Volkes das moralische Recht zur Erwerbung fremden Grund und Bodens. Der Pflug ist dann das Schwert, und aus den TrAnen des Krieges erwAchst fUr die Nach welt das tAgliche Brot. So scheint mir dieses kleine GrenzstAdtchen das Symbol einer groen Aufgabe zu sein.

Making Your Case

The Art of Persuading Judges

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Author: Antonin Scalia,Bryan A. Garner

Publisher: West Legalworks

ISBN: 9780314184719

Category: Law

Page: 245

View: 8331

Presents the basics of writing legal briefs and giving oral arguments, with discussions on the essentials of building a case through legal reasoning and the key elements of persuasive and successful oral pleading in the courtroom.

Der Jahwist

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Author: Christoph Levin

Publisher: Vandenhoeck & Ruprecht

ISBN: 9783525538395

Category: Bible

Page: 456

View: 4219

Scalia

A Court of One

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Author: Bruce Allen Murphy

Publisher: Simon and Schuster

ISBN: 1451611463

Category: Biography & Autobiography

Page: 656

View: 4751

“[Murphy’s] biography of Justice Scalia is patient and thorough, alive both intellectually and morally….Functions as an MRI scan of one of the most influential conservative thinkers of the twentieth century.” (The New York Times): An authoritative, incisive and deeply researched book about of the most controversial Supreme Court justice of our time. Scalia: A Court of One is the compelling story of one of the most polarizing figures to serve on the nation’s highest court. Bruce Allen Murphy shows how Scalia changed the legal landscape through his controversial theories of textualism and originalism, interpreting the meaning of the Constitution’s words as he claimed they were understood during the nation’s Founding period. But Scalia’s judicial conservatism is informed as much by his highly traditional Catholicism and political partisanship as by his reading of the Constitution; his opinionated speeches, contentious public appearances, and newsworthy interviews have made him a lightning rod for controversy. Scalia is “an intellectual biography of one of [the Supreme Court’s] most colorful members” (Chicago Tribune), combined with an insightful analysis of the Supreme Court and its influence on American life over the past quarter century. Scalia began his career practicing law in Cleveland, Ohio, and rose to become the president’s lawyer as the head of the Office of Legal Counsel for President Gerald R. Ford. His sterling academic and legal credentials led to his nomination by President Ronald Reagan to the Court of Appeals for the DC Circuit in 1982. In 1986, he successfully outmaneuvered the more senior Robert Bork to be appointed to the Supreme Court. Scalia’s evident legal brilliance, ambition and personal magnetism led everyone to predict he would unite a new conservative majority under Chief Justice William Rehnquist and change American law in the process. Instead he became a Court of One. Rather than bringing the conservatives together, Scalia drove them apart. He attacked and alienated his more moderate colleagues Sandra Day O’Connor, David Souter, and Anthony Kennedy. Scalia prevented the conservative majority from coalescing for nearly two decades.

A Handbook of Basic Law Terms

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Author: Bryan A. Garner

Publisher: West Legalworks

ISBN: 9780314233820

Category: Law

Page: 271

View: 9169

The Legal Education Group is proud to announce the creation of a new series built on the tradition of excellence of the world's most widely cited and best-selling legal reference, Black's Law Dictionary. The first book in this new series, A Handbook of Basic Law Terms, includes more than 1,000 key words and phrases with accurate and clear definitions. The Handbook is an essential guide to legal literacy for students, business people, journalists, politicians-anyone who wants to be an informed citizen. The Handbook also includes the full U.S. Constitution and a list of basic law books for easy reference.

Garner's Modern English Usage

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Author: Bryan Garner

Publisher: Oxford University Press

ISBN: 0190491485

Category:

Page: 1120

View: 5534

Bryan Garner is the most trusted living usage expert of our day, and Garner's Modern English Usage is the preeminent guide to the effective use of the English language. With well over 6,000 entries on English grammar, syntax, word choice, punctuation, capitalization, spelling, and style, thisbook is adored by professional writers and general readers alike. In this major update to a timeless classic, Bryan Garner has dramatically expanded coverage of international English usage, making the volume for the first time a guide not only to American English usage, but to English usage aroundthe globe. Interest in the English language is greater than ever; English is the lingua franca not only of higher education and academia, but of science, business, computing, aviation, and even - arguably - entertainment. An awareness of global English matters today as never before. To ensure that BryanGarner's clear, unambiguous advice resonates with English-speakers worldwide, more than 2,000 entries have been revised to account for the nuances of English not only in the United States, but in Australia and New Zealand, the United Kingdom, Canada, and South Africa. Not everything has changed: readers will still find the popular "Garner's Language-Change Index" which registers where each disputed usage in modern English falls on a five-stage continuum from non-acceptability (to the language community as a whole) to acceptability, giving the book a consistentstandard throughout. Bryan Garner's tools for scientific accuracy are, however, fully updated: this fourth edition benefits from usage data generated by Google Ngrams, which charts frequencies of any word or short sentence in sources printed after 1800. With thousands of concise entries, longer essays on problematic areas such as subject-verb agreement and danglers, and meticulous citations of the New York Times, Newsweek, and other leading journalistic sources, this fourth edition of Garner's Modern English Usage provides priceless referenceinformation to anyone hoping to improve as a writer - worldwide.

Der Begriff des Rechts

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Author: Herbert L. A. Hart

Publisher: N.A

ISBN: 9783518296097

Category: Jurisprudence

Page: 395

View: 6024

The Language of Law

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Author: Andrei Marmor

Publisher: OUP Oxford

ISBN: 0191023957

Category: Law

Page: 200

View: 6368

The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.

Guidelines for Drafting and Editing Legislation

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Author: Bryan A. Garner

Publisher: Rosepen Books

ISBN: 9780997977004

Category: Education

Page: 230

View: 4919

This new Garner title consolidates into one set of covers all the best advice on legislative drafting. Garner elucidates his blackletter principles with statutory rewrites from all 50 states as well as from federal statutes. He demonstrates how legislation can be streamlined, simplified, and clarified. The exmaples show stunning improvements. Commissioned by the Uniform Law Commission, Garner's work here represents another in his string of first-rate reference books. No legislative drafter should be without it. In the back of the book are two model statutes plus a typically poor statute annotated to explain its deficiencies. Also included is a groundbreaking essay on the optimal method for expressing criminal prohibitions. Throughout the book appear shaded boxes containing timeless quotations from leading commentators on legislative drafting from the 18th century to the present day. Together the the book's extensive bibliography, these quotations place Garner's principles into a historical context. They also underscore the degree to which legislative drafters have neglected many long-standing principles of legal drafting. The foreward by Harriet Lansing, president of the Uniform Law Commission, says of Garner's work: "With these Guidelines--with his earlier booklet on court rules--Bryan Garner has made an incomparable contribution to clarity and coherence in the halls of our legislatures, the pages of our statute books, and the everyday world of all people as we try to plan our lives and predict legal consequences."

Die 4-Stunden-Woche

Mehr Zeit, mehr Geld, mehr Leben

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Author: Timothy Ferriss

Publisher: Ullstein eBooks

ISBN: 3843704457

Category: Business & Economics

Page: 352

View: 816

Warum arbeiten wir uns eigentlich zu Tode? Haben wir nichts Besseres zu tun? Und ob! - sagt Timothy Ferriss. Der junge Unternehmer war lange Workaholic mit 80-Stunden-Woche. Doch dann erfand er MBA- Management by Absence- und ist seitdem freier, reicher, glücklicher. Mit viel Humor, provokanten Denkanstößen und erprobten Tipps erklärt Ferriss, wie sich die 4-Stunden-Woche bei vollem Lohnausgleich verwirklichen lässt. Der Wegweiser für eine Flucht aus dem Hamsterrad und ein Manifest für eine neue Gewichtung zwischen Leben und Arbeiten.

Judging Statutes

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Author: Robert A. Katzmann

Publisher: Oxford University Press

ISBN: 0199362157

Category: Law

Page: 256

View: 1016

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.

A Handbook of Business Law Terms

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Author: Bryan A. Garner,David W. Schultz

Publisher: West Legalworks

ISBN: N.A

Category: Business & Economics

Page: 637

View: 9989

Created by the Legal Education Group in the tradition of the worlds widely cited and best-selling legal reference, "Blacks Law Dictionary." The second book in a new series, this handbook includes accurate, clear definitions to more than 3,000 business law key words and phrases.

The Redbook

A Manual on Legal Style

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Author: Bryan A. Garner,Jeff Newman,Tiger Jackson

Publisher: West Academic Publishing

ISBN: N.A

Category: Law

Page: 399

View: 358

An indispensable aid for anyone who prepares legal documents ? including law students, law professors, practicing lawyers, and judges ? Garner's The Redbook: A Manual on Legal Style provides the comprehensive guide to the essential rules of legal writing. It gives detailed, authoritative advice on grammar, style, punctuation, capitalization, spelling, footnotes, and citations, with illustrations in legal contexts. The Redbook focuses on the special needs of legal writers, emphasizing the ways in which legal writing differs from other styles of technical writing. Its how-to sections cover editing and proofreading, numbers and symbols, overall document design, and more. The Redbook also gives tips on preparing briefs and other court documents, opinion letters, demand letters, research memos, and contracts. It explains the correct usage of and provides everyday English translations for more than 1,000 words that are often troublesome to legal writers, 200 terms of art that take on new meanings in legal contexts, 800 words with required prepositions in certain contexts, and 500 stuffy phrases and needless legalisms.

Human Dignity

The Constitutional Value and the Constitutional Right

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Author: Aharon Barak

Publisher: Cambridge University Press

ISBN: 1316240983

Category: Political Science

Page: N.A

View: 3681

Human dignity is now a central feature of many modern constitutions and international documents. As a constitutional value, human dignity involves a person's free will, autonomy, and ability to write a life story within the framework of society. As a constitutional right, it gives full expression to the value of human dignity, subject to the specific demands of constitutional architecture. This analytical study of human dignity as both a constitutional value and a constitutional right adopts a legal-interpretive perspective. It explores the sources of human dignity as a legal concept, its role in constitutional documents, its content, and its scope. The analysis is augmented by examples from comparative legal experience, including chapters devoted to the role of human dignity in American, Canadian, German, South African, and Israeli constitutional law.