The Magic Mirror

Law in American History

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Author: Kermit Hall

Publisher: Oxford University Press, USA

ISBN: 9780195044607

Category: Religion

Page: 404

View: 6097

Chronicling American law from its English origins to the present, and offering for the first time comprehensive treatment of twentieth-century developments, this book sets American law and legal institutions in the broad context of social, economic, and political events, weaving together themes from the history of both constitutional and private law. The Magic Mirror treats law in society, and the legal implications of social change in areas such as criminal justice, the rights of women, blacks, the family, and children. It further examines regional differences in American legal culture, the creation of the administrative and security states, the development of American federalism, and the rise of the legal profession. Hall pays close attention to the evolution of substantive law categories--such as contracts, torts, negotiable instruments, real property, trusts and estates, and civil procedure--and addresses the intellectual evolution of American law, surveying movements such as legal realism and critical legal studies. Hall concludes that over its history American law has been remarkably fluid, adapting in form and substance to each successive generation without ever fully resolving the underlying social and economic conflicts that first provoke demands for legal change.

The Oxford Handbook of Environmental History

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Author: Andrew C. Isenberg

Publisher: Oxford University Press

ISBN: 0199394474

Category: Science

Page: 640

View: 6756

The field of environmental history emerged just decades ago but has established itself as one of the most innovative and important new approaches to history, one that bridges the human and natural world, the humanities and the sciences. With the current trend towards internationalizing history, environmental history is perhaps the quintessential approach to studying subjects outside the nation-state model, with pollution, global warming, and other issues affecting the earth not stopping at national borders. With 25 essays, this Handbook is global in scope and innovative in organization, looking at the field thematically through such categories as climate, disease, oceans, the body, energy, consumerism, and international relations.

American Law in the 20th Century

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Author: Lawrence Meir Friedman

Publisher: Yale University Press

ISBN: 0300102992

Category: History

Page: 722

View: 9010

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.

American Legal History: A Very Short Introduction

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Author: G. Edward White

Publisher: Oxford University Press

ISBN: 0199354340

Category: Law

Page: 160

View: 8989

Law has played a central role in American history. From colonial times to the present, law has not just reflected the changing society in which legal decisions have been made-it has played a powerful role in shaping that society, though not always in positive ways. Eminent legal scholar G. Edward White-author of the ongoing, multi-volume Law in American History-offers a compact overview that sheds light on the impact of law on a number of key social issues. Rather than offer a straight chronological history, the book instead traces important threads woven throughout our nation's past, looking at how law shaped Native American affairs, slavery, business, and home life, as well as how it has dealt with criminal and civil offenses. White shows that law has not always been used to exemplary ends. For instance, a series of decisions by the Marshall court essentially marginalized Amerindians, indigenous people of the Americas, reducing tribes to wards of the government. Likewise, law initially legitimated slavery in the United States, and legal institutions, including the Supreme Court, failed to resolve the tensions stirred up by the westward expansion of slavery, eventually sparking the Civil War. White also looks at the expansion of laws regarding property rights, which were vitally important to the colonists, many of whom left Europe hoping to become land owners; the evolution of criminal punishment from a public display (the stocks, the gallows) to a private prison system; the rise of tort law after the Civil War; and the progress in legal education, moving from informal apprenticeships and lax standards to modern law schools and rigorous bar exams. In this illuminating look at the pivotal role of law in American life, White offers us an excellent first step to a better appreciation of the function of law in our society. About the Series: Oxford's Very Short Introductions series offers concise and original introductions to a wide range of subjects--from Islam to Sociology, Politics to Classics, Literary Theory to History, and Archaeology to the Bible. Not simply a textbook of definitions, each volume in this series provides trenchant and provocative--yet always balanced and complete--discussions of the central issues in a given discipline or field. Every Very Short Introduction gives a readable evolution of the subject in question, demonstrating how the subject has developed and how it has influenced society. Eventually, the series will encompass every major academic discipline, offering all students an accessible and abundant reference library. Whatever the area of study that one deems important or appealing, whatever the topic that fascinates the general reader, the Very Short Introductions series has a handy and affordable guide that will likely prove indispensable.

The Myth of the Imperial Judiciary

Why the Right is Wrong about the Courts

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Author: Mark Kozlowski

Publisher: NYU Press

ISBN: 0814749291

Category: Law

Page: 293

View: 8328

Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.

Law in the Western United States

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Author: Gordon Morris Bakken

Publisher: University of Oklahoma Press

ISBN: 9780806132150

Category: Law

Page: 560

View: 3256

In this volume, Gordon Morris Bakken traces the distinctive development of western legal history. The contributors' essays provide succinct descriptions of major cases, legislation, and individual western states' constitutional provisions that are unique in the American legal system. To assist the reader, the volume is organized by subject, including natural resources, municipal authority, business regulation, American Indian sovereignty and water rights, women, and Mormons. Contributors are: Roy H. Andes, Dana Blakemore, Richard Griswold del Castillo, Susan Badger Doyle, James W. Ely, Jr., Brenda Gail Farrington, Dale D. Goble, Neil Greenwood, Vanessa Gunther, Louise A Halper, Claudia Hess, Kenneth Hough, Paul Kens, Shenandoah Grant Lynd, Thomas C. Mackey, Nicholas George Malavis, Timothy Miller, Danelle Moon, Andrew P. Morriss, Keith Pacholl, Laurie Caroline Pintar, Michael A. Powell, Ion Puschilla, Emily Rader, Peter L. Reich, John Phillip Reid, Lucy E. Salyer, Susan Sanchez, Janet Schmelzer, Howard Shorr, Paul Reed Spitzzeri, John Joseph Stanley, Donald L. Stelluto, Jr., Timothy A. Strand, Imre Sutton, Nancy J. Taniguchi, and Lonnie Wilson.

A Distant Heritage

The Growth of Free Speech in Early America

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Author: Larry Eldridge

Publisher: NYU Press

ISBN: 9780814722954

Category: History

Page: 216

View: 1091

Historians often rely on a handful of unusual cases to illustrate the absence of free speech in the colonies—such as that of Richard Barnes, who had his arms broken and a hole bored through his tongue for seditious words against the governor of Virginia. In this definitive and accessible work, Larry Eldridge convincingly debunks this view by revealing surprising evidence of free speech in early America. Using the court records of every American colony that existed before 1700 and an analysis of over 1,200 seditious speech cases sifted from those records, A Distant Heritage shows how colonists experienced a dramatic expansion during the seventeenth century of their freedom to criticize government and its officials. Exploring important changes in the roles of juries and appeals, the nature of prosecution and punishment, and the pattern of growing leniency, Eldridge also shows us why this expansion occurred when it did. He concludes that the ironic combination of tumult and destabilization on the one hand, and steady growth and development on the other, made colonists more willing to criticize authority openly and officials less able to prevent it. That, in turn, established a foundation for the more celebrated flowering of colonial dissent against English authority in the eighteenth century. Steeped in primary sources and richly narrated, this is an invaluable addition to the library of anyone interested in legal history, colonial America, or the birth of free speech in the United States.

Civil Justice, Privatization, and Democracy

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Author: Trevor C.W. Farrow

Publisher: University of Toronto Press

ISBN: 144269503X

Category: Law

Page: 400

View: 7912

Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Why Lawsuits are Good for America

Disciplined Democracy, Big Business, and the Common Law

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Author: Carl T. Bogus

Publisher: NYU Press

ISBN: 0814737943

Category: Law

Page: 265

View: 8072

Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.

Baker & Botts in the Development of Modern Houston

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Author: Kenneth J. Lipartito,Joseph A. Pratt

Publisher: University of Texas Press

ISBN: 1477301208

Category: History

Page: 275

View: 3809

As counsel for Pennzoil's successful effort to recover billions of dollars in damages from Texaco over the acquisition of Getty Oil Company, the Baker & Botts law firm of Houston, Texas, achieved wide public recognition in the 1980s. But among its peers in the legal and corporate worlds, Baker & Botts has for more than a century held a preeminent position, handling the legal affairs of such blue-chip clients as the Southern Pacific Railroad, Houston Lighting & Power Company, Rice University, Texas Commerce Bank, and Tenneco. In this study, Kenneth J. Lipartito and Joseph A. Pratt chronicle the history of Baker & Botts, placing particular emphasis on the firm's role in Houston's economic development. Founded in 1840, Baker & Botts literally grew up with Houston. The authors chart its evolution from a nineteenth-century regional firm that represented eastern-based corporations moving into Texas to a twentieth-century national firm with clients throughout the world. They honestly discuss the criticisms that Baker & Botts has faced as an advocate of big business. But they also identify the important impact that corporate law firms of this type have on business reorganization and government regulation. As the authors demonstrate in this case study, law firms throughout the twentieth century have helped to shape public policy in these critical areas. Always prominent in the community, and with prominent connections (former Secretary of State James A. Baker III is the great-grandson of the original Baker), the Baker & Botts law firm belongs in any history of the development of Houston and the Southwest.

The Revolutionary Constitution

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Author: David J. Bodenhamer

Publisher: OUP USA

ISBN: 0195378334

Category: History

Page: 281

View: 5589

The Revolutionary Constitution examines how the Constitution has served as a dynamic and contested framework for legitimating power and advancing liberty in which our past concerns and experiences influence our present understanding. Informed by the latest scholarship, the book is an interpretive synthesis linking constitutional history with American political and social history.

People Without Rights (Routledge Revivals)

An Interpretation of the Fundamentals of the Law of Slavery in the U.S. South

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Author: Andrew Fede

Publisher: Routledge

ISBN: 1136716106

Category: Law

Page: 282

View: 1121

First published in September 1992, the book traces the nature and development of the fundamental legal relationships among slaves, masters, and third parties. It shows how the colonial and antebellum Southern judges and legislators accommodated slavery’s social relationships into the common law, and how slave law evolved in different states over time in response to social political, economic, and intellectual developments. The book states that the law of slavery in the US South treated slaves both as people and property. It reconciles this apparent contradiction by demonstrating that slaves were defined in the law as items of human property without any legal rights. When the lawmakers recognized slaves as people, they burdened slaves with added legal duties and disabilities. This epitomized in legal terms slavery’s oppressive social relationships. The book also illustrates how cases in which the lawmakers recognized slaves as people legitimized slavery’s inhumanity. References in the law to the legal humanity of people held as slaves are shown to be rhetorical devices and cruel ironies that regulated the relative rights of the slaves’ owners and other free people that were embodied in people held as slaves. Thus, it is argued that it never makes sense to think of slave legal rights. This was so even when the lawmakers regulated the individual masters’ rights to treat their slaves as they wished. These regulations advanced policies that the lawmakers perceived to be in the public interest within the context of a slave society.

Die Verdammten dieser Erde

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Author: Frantz Fanon,Jean-Paul Sartre

Publisher: N.A

ISBN: 9783518371688

Category: Afrika - Entkolonialisierung

Page: 266

View: 3211

United States District Court for the Eastern District of Michigan

People, Law, and Politics

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Author: David Gardner Chardavoyne

Publisher: Wayne State University Press

ISBN: 9780814337202

Category: History

Page: 456

View: 2224

A chronological history of the United States District Court for the Eastern District of Michigan, from its beginnings in the 1830s to the present.

The Supreme Court A-Z

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Author: Kenneth Jost

Publisher: Routledge

ISBN: 1135938210

Category: Reference

Page: 584

View: 5137

This comprehensive, alphabetical encyclopedia of more than 300 easy-to-read entries is the first resource for anyone who wants reliable information or background material on the significant decisions of the Supreme Court, the history of the Court, the justices (every justice is profiled), the powers of the Court, and how the institution has evolved from its origins to the present. Outstanding Academic Book

Die Illusion des Ich

on the taboo against knowing who you are

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Author: Alan Watts

Publisher: N.A

ISBN: 9783442217175

Category:

Page: 223

View: 1334

Die vier Versprechen

ein Weisheitsbuch der Tolteken

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Author: Miguel Ruiz

Publisher: N.A

ISBN: 9783548742540

Category:

Page: 141

View: 3884

Gewalt

Eine neue Geschichte der Menschheit

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Author: Steven Pinker

Publisher: S. Fischer Verlag

ISBN: 310401616X

Category: History

Page: 1216

View: 6315

Die Geschichte der Menschheit – eine ewige Abfolge von Krieg, Genozid, Mord, Folter und Vergewaltigung. Und es wird immer schlimmer. Aber ist das richtig? In einem wahren Opus Magnum, einer groß angelegten Gesamtgeschichte unserer Zivilisation, untersucht der weltbekannte Evolutionspsychologe Steven Pinker die Entwicklung der Gewalt von der Urzeit bis heute und in allen ihren individuellen und kollektiven Formen, vom Verprügeln der Ehefrau bis zum geplanten Völkermord. Unter Rückgriff auf eine Fülle von wissenschaftlichen Belegen aus den unterschiedlichsten Disziplinen beweist er zunächst, dass die Gewalt im Laufe der Geschichte stetig abgenommen hat und wir heute in der friedlichsten Epoche der Menschheit leben. Diese verblüffende Tatsache verlangt nach einer Erklärung: Pinker schält in seiner Analyse sechs Entwicklungen heraus, die diesen Trend begünstigt haben, untersucht die Psychologie der Gewalt auf fünf innere Dämonen, die Gewaltausübung begünstigen, benennt vier Eigenschaften des Menschen, die den inneren Dämonen entgegenarbeiten und isoliert schließlich fünf historische Kräfte, die uns heute in der friedlichsten Zeit seit jeher leben lassen. Pinkers Darstellung revolutioniert den Blick auf die Welt und uns Menschen. Und sie macht Hoffnung und Mut. »Pinkers Studie ist eine leidenschaftliche Antithese zum verbreiteten Kulturpessimismus und dem Gefühl des moralischen Untergangs der Moderne.« Der Spiegel »Steven Pinker ist ein Top-Autor und verdient all die Superlative, mit denen man ihn überhäuft« New York Times» Die Argumente von Steven Pinker haben Gewicht [...]. Die Chance, heute Opfer von Gewalt zu werden, ist viel geringer als zu jeder anderen Zeit. Das ist eine spannende Nachricht, die konträr zur öffentlichen Wahrnehmung ist." Deutschlandfunk »Steven Pinker ist ein intellektueller Rockstar« The Guardian »Der Evolutionspsychologe Steven Pinker gilt als wichtigster Intellektueller« Süddeutsche Zeitung »Verflucht überzeugend« Hamburger Abendblatt