The Essential Holmes

Author by : Oliver Wendell Holmes
Languange : en
Publisher by : University of Chicago Press
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Description : Oliver Wendell Holmes, Jr., has been called the greatest jurist and legal scholar in the history of the English-speaking world. In this collection of his speeches, opinions, and letters, Richard Posner reveals the fullness of Holmes' achievements as judge, historian, philosopher, and master of English style. Thematically arranged, the volume covers a rich variety of subjects from aging and death to themes in politics, personalities, and law. Posner's substantial introduction firmly places this wealth of material in its proper biographical and historical context. "A first-rate prose stylist, [Holmes] was perhaps the most quotable of all judges, as this ably edited volume shows."—Washington Post Book World "Brilliantly edited, lucidly organized, and equipped with a compelling introduction by Judge Posner, [this book] is one of the finest single-volume samplers of any author's work I have seen. . . . Posner has fully captured the acrid tang of him in this masterly anthology."—Terry Teachout, National Review "Excellent. . . . A worthwhile contribution to current American political/legal discussions."—Library Journal "The best source for the reader who wants a first serious acquaintance with Holmes."—Thomas C. Grey, New York Review of Books


Justice Oliver Wendell Holmes

Author by : G. Edward White
Languange : en
Publisher by : Oxford University Press
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Description : By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.


The Fundamental Holmes

Author by : Oliver Wendell Holmes
Languange : en
Publisher by : Cambridge University Press
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Description : This is the first anthology of Oliver Wendell Holmes's writings, speeches, and opinions concerning freedom of expression. Prepared by a noted free speech scholar, the book contains eight original essays designed to situate Holmes's works in historical and biographical context. The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions, and U.S. Supreme Court opinions.


Laughing At The Gods

Author by : Allan C. Hutchinson
Languange : en
Publisher by : Cambridge University Press
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Description : This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.


Lex Populi

Author by : William P. MacNeil
Languange : en
Publisher by : Stanford University Press
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Description : This is a book about jurisprudence—or legal philosophy. The legal philosophical texts under consideration are—to say the least—unorthodox. Tolkien, Buffy the Vampire Slayer, Harry Potter, Million Dollar Baby, and other cultural products are all referenced as exemplary instances of what the author calls lex populi—“people’s” or “pop law.” There, more than anywhere else, will one find the leading issues of legal philosophy. These issues, however, are heavily coded, for few of these pop cultural texts announce themselves as expressly legal. Nonetheless, Lex Populi reads these texts “jurisprudentially,” that is, with an eye to their hidden legal philosophical meanings, enabling connections such as: Tolkien’s Ring as Kelsen’s grundnorm; vampire slaying as legal language’s semiosis; Hogwarts as substantively unjust; and a seriously injured young woman as termination’s rights-bearer. In so doing, Lex Populi attempts not only a jurisprudential reading of popular culture, but a popular rereading of jurisprudence, removing it from the legal experts in order to restore it to the public at large: a lex populi by and for the people.


Oliver Wendell Holmes Jr Pragmatism And The Jurisprudence Of Agon

Author by : Allen Mendenhall
Languange : en
Publisher by : Bucknell University Press
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Description : Oliver Wendell Holmes Jr.’s dissents are influential because of their literary qualities of superfluity and energy he inherited from Emerson. The aesthetic style of his dissents reflects his theory of the common law that rejected depictions of fixed and unchanging rules in favor of an evolutionary view.


Overcoming Law

Author by : Richard A. Posner
Languange : en
Publisher by : Harvard University Press
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Description : Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.


A Theory Of Precedent

Author by : Raimo Siltala
Languange : en
Publisher by : Hart Publishing
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Description : In this study, the author identifies six types of judicial precedent-ideology and are tests them against judicial experiences in various countries.


Law Without Values

Author by : Albert W. Alschuler
Languange : en
Publisher by : University of Chicago Press
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Description : Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.


Justices Presidents And Senators

Author by : Henry Julian Abraham
Languange : en
Publisher by : Rowman & Littlefield
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Total Read : 87
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Description : Explains how United States presidents select justices for the Supreme Court, evaluates the performance of each justice, and examines the influence of politics on their selection.


Novel Judgements

Author by : William P. MacNeil
Languange : en
Publisher by : Routledge
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Description : Novel Judgements is a book about nineteenth century Anglo-American law and literature. But by redefining law as legal theory, Novel judgements departs from ‘socio-legal’ studies of law and literature, often dated in their focus on past lawyering and court processes. This texts ‘theoretical turn’ renders the period’s ‘law-and-literature’ relevant to today’s readers because the nineteenth century novel, when "read jurisprudentially", abounds in representations of law’s controlling concepts, many of which are still with us today. Rights, justice, law’s morality; each are encoded novelistically in stock devices such as the country house, friendship, love, courtship and marriage. In so rendering the public (law) as private (domesticity), these novels expose for legal and literary scholars alike the ways in which law comes to mediate all relationships—individual and collective, personal and political—during the nineteenth century, a period as much under the Rule of Law as the reign of Capital. So these novels pass judgement—a novel judgement—on the extent to which the nineteenth century’s idea of law is collusive with that era’s Capital, thereby opening up the possibility of a new legal theoretical position: that of a critique of the law and a law of critique.


The Saddest Words William Faulkner S Civil War

Author by : Michael Gorra
Languange : en
Publisher by : Liveright Publishing
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Description : How do we read William Faulkner in the twenty-first century? asks Michael Gorra, in this reconsideration of Faulkner's life and legacy. William Faulkner, one of America’s most iconic writers, is an author who defies easy interpretation. Born in 1897 in Mississippi, Faulkner wrote such classic novels as Absolom, Absolom! and The Sound and The Fury, creating in Yoknapatawpha county one of the most memorable gallery of characters ever assembled in American literature. Yet, as acclaimed literary critic Michael Gorra explains, Faulkner has sustained justified criticism for his failures of racial nuance—his ventriloquism of black characters and his rendering of race relations in a largely unreconstructed South—demanding that we reevaluate the Nobel laureate’s life and legacy in the twenty-first century, as we reexamine the junctures of race and literature in works that once rested firmly in the American canon. Interweaving biography, literary criticism, and rich travelogue, The Saddest Words argues that even despite these contradictions—and perhaps because of them—William Faulkner still needs to be read, and even more, remains central to understanding the contradictions inherent in the American experience itself. Evoking Faulkner’s biography and his literary characters, Gorra illuminates what Faulkner maintained was “the South’s curse and its separate destiny,” a class and racial system built on slavery that was devastated during the Civil War and was reimagined thereafter through the South’s revanchism. Driven by currents of violence, a “Lost Cause” romanticism not only defined Faulkner’s twentieth century but now even our own age. Through Gorra’s critical lens, Faulkner’s mythic Yoknapatawpha County comes alive as his imagined land finds itself entwined in America’s history, the characters wrestling with the ghosts of a past that refuses to stay buried, stuck in an unending cycle between those two saddest words, “was” and “again.” Upending previous critical traditions, The Saddest Words returns Faulkner to his sociopolitical context, revealing the civil war within him and proving that “the real war lies not only in the physical combat, but also in the war after the war, the war over its memory and meaning.” Filled with vignettes of Civil War battles and generals, vivid scenes from Gorra’s travels through the South—including Faulkner’s Oxford, Mississippi—and commentaries on Faulkner’s fiction, The Saddest Words is a mesmerizing work of literary thought that recontextualizes Faulkner in light of the most plangent cultural issues facing America today.


Free Speech Beyond Words

Author by : Mark V. Tushnet
Languange : en
Publisher by : NYU Press
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Description : A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.


The Pragmatism And Prejudice Of Oliver Wendell Holmes Jr

Author by : Seth Vannatta
Languange : en
Publisher by : Rowman & Littlefield
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Description : The Pragmatism and Prejudice of Oliver Wendell Holmes, Jr. examines the varied categories scholars have used to describe the philosophy of Oliver Wendell Holmes, Jr. These include, “Jobbist,” Nihilist, Realist, Social Darwinist, Utilitarian, Positivist, Natural Law Theorist, and Pragmatist.


Hunting Down Social Darwinism

Author by : Stuart K. Hayashi
Languange : en
Publisher by : Lexington Books
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Description : Hunting Down Social Darwinism is the third and final installment in the trilogy, The Nature of Liberty. The trilogy gives a secular, ethical defense of laissez-faire capitalism, inspired by Ayn Rand’s ideas. The trilogy’s first book, The Freedom of Peaceful Action, provided the philosophic theory behind the ethics of a free-enterprise system based on the individual rights to life, liberty, and private property which John Locke described. The second installment, Life in the Market Ecosystem, explained how free enterprise functions much as a natural ecosystem wherein behavioral norms develop, bottom-up, from repeat interactions among individual participants in the economy. As such defenses of free enterprise are frequently criticized as “social Darwinism,” however, this third and final installment of the trilogy asks the question, “What is social Darwinism?” The book embarks on a hunt for the term’s meaning, explores social Darwinism’s beginnings, and examines whether it is fair to describe such nineteenth-century free-market advocates as Herbert Spencer and William Graham Sumner as social Darwinists. It then addresses the accusation that the free-market Darwinism commonly ascribed to Spencer and Sumner rationalized bigotry and founded the pseudoscience of eugenics. In the process, the book refutes various myths about the topic popularized by such scholars as Richard Hofstadter and John Kenneth Galbraith. The extent to which the popular narratives about social Darwinism prove to be inaccurate holds enormous ramifications for current controversies. It has implications for debates over the ethical appropriateness of reducing taxpayer spending on social welfare programs, and also sheds new light on the pros and cons of attempts to apply biological evolutionary theory to the study of human social institutions. Additionally discussed is the manner in which various prominent figures in economics, evolutionary psychology, and Complexity Theory have grown famous for advancing ideas which Spencer and Sumner originated, even as such figures simultaneously downplay the importance of Spencer and Sumner to their field. Following the hunt for social Darwinism, this work sums up the trilogy with some final thoughts on the importance that liberty holds for every effort to live life to the fullest.


Bimonthly Review Of Law Books

Author by : Anonim
Languange : en
Publisher by : Unknown
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Judicial Review And Contemporary Democratic Theory

Author by : Scott E. Lemieux
Languange : en
Publisher by : Routledge
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Description : For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.


The Progressive Revolution

Author by : Ellis Washington
Languange : en
Publisher by : Rowman & Littlefield
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Description : The Progressive Revolution (Volume V)—continues his legal, historical and literary series based on Natural Law, Natural Rights and the original political philosophy of the constitutional Framers and original jurisprudence of the U.S. Supreme Court.


Pragmatic Modernism

Author by : Lisi Schoenbach
Languange : en
Publisher by : Oxford University Press
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Description : Modernism has long been understood as a radical repudiation of the past. Reading against the narrative of modernism-as-break, Pragmatic Modernism traces an alternative strain of modernist thought that grows out of pragmatist philosophy and is characterized by its commitment to gradualism, continuity, and recontextualization. It rediscovers a distinctive response to the social, intellectual, and artistic transformations of modernity in the work of Henry James, Marcel Proust, Gertrude Stein, Oliver Wendell Holmes, John Dewey, and William James. These thinkers share an institutionally-grounded approach to change which emphasizes habits, continuities, and daily life over spectacular events, heroic opposition, and radical rupture. They developed an active, dialectical attitude that was critical of complacency while refusing to romanticize moments of shock or conflict. Through its analysis of pragmatist keywords, including "habit," "institution," "prediction," and "bigness," Pragmatic Modernism offers new readings of works by James, Proust, Stein, and Andre Breton, among others. It shows, for instance, how Stein's characteristic literary innovation--her repetitions--aesthetically materialize the problem of habit; and how institutions--businesses, museums, newspapers, the law, and even the state itself--help to construct the subtlest of personal observations and private gestures in James's novels. This study reconstructs an overlooked strain of modernism. In so doing, it helps to re-imagine the stark choice between political quietism and total revolution that has been handed down as modernism's legacy.


Aging And Old Age

Author by : Richard A. Posner
Languange : en
Publisher by : University of Chicago Press
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Description : Discusses the role of older people in American society and the effect they have on the economy


Pragmatism Law And Language

Author by : Graham Hubbs
Languange : en
Publisher by : Routledge
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Description : This volume puts leading pragmatists in the philosophy of language, including Robert Brandom, in contact with scholars concerned with what pragmatism has come to mean for the law. Each contribution uses the resources of pragmatism to tackle fundamental problems in the philosophy of language, the philosophy of law, and social and political philosophy. In many chapters, the version of pragmatism deployed proves a fruitful approach to its subject matter; in others, shortcomings of the specific brand of pragmatism are revealed. The result is a clearer understanding of what pragmatism has meant and can mean across these tightly related philosophical areas. The book, then, is itself pragmatism in action: it seeks to clarify its unifying concept by examining the practices that centrally involve it.


Each Hour Redeem

Author by : Daylanne K. English
Languange : en
Publisher by : U of Minnesota Press
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Description : Each Hour Redeem advances a major reinterpretation of African American literature from the late eighteenth century to the present by demonstrating how its authors are centrally concerned with racially different experiences of time. Daylanne K. English argues that, from Phillis Wheatley to Suzan-Lori Parks, African American writers have depicted distinctive forms of temporality to challenge racial injustices supported by dominant ideas of time. The first book to explore the representation of time throughout the African American literary canon, Each Hour Redeem illuminates how the pervasive and potent tropes of timekeeping provide the basis for an overarching new understanding of the tradition. Combing literary, historical, legal, and philosophical approaches, Each Hour Redeem examines a wide range of genres, including poetry, fiction, drama, slave narratives, and other forms of nonfiction. English shows that much of African American literature is characterized by “strategic anachronism,” the use of prior literary forms to investigate contemporary political realities, as seen in Walter Mosley’s recent turn to hard-boiled detective fiction. By contrast, “strategic presentism” is exemplified in the Black Arts Movement and the Harlem Renaissance and their investment in contemporary political potentialities, for example, in Langston Hughes and Amiri Baraka’s adaptation of the jazz of their eras for poetic form and content. Overall, the book effectively demonstrates how African American writers have employed multiple and complex conceptions of time not only to trace racial injustice but also to help construct a powerful literary tradition across the centuries.


Book Review Digest

Author by : Anonim
Languange : en
Publisher by : Unknown
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Nature In American Philosophy Studies In Philosophy And The History Of Philosophy Volume 42

Author by : Jean De Groot
Languange : en
Publisher by : CUA Press
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Total Read : 62
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Description : With its focus on philosophy of nature, this book fills a gap in the ongoing reassessment of nineteenth-century American philosophy, and it opens the way to further study of the role played by reflection on nature in the emergence of the American mind.


Henry Friendly Greatest Judge Of His Era

Author by : David M. Dorsen
Languange : en
Publisher by : Harvard University Press
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Description : Henry Friendly is frequently grouped with Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, and Learned Hand as the best American jurists of the twentieth century. In this first, comprehensive biography of Friendly, Dorsen opens a unique window onto how a judge of this caliber thinks and decides cases, and how Friendly lived his life.


Rhetoric Persuasion And Modern Legal Writing

Author by : Brian L. Porto
Languange : en
Publisher by : Lexington Books
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Total Read : 61
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Description : Classical rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques—“invention” (creation of arguments), “arrangement” (organization), and “style” (word choice)—in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court’s rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. As a result, their opinions have endured, and even modern readers who cannot recall the justices’ names understand and embrace the ideas expressed in their legal writings and apply those ideas to current debates. Practicing lawyers, professors, and students can use this book to study legal writing techniques and make their own writing more persuasive.


The Supreme Court And The Press

Author by : Joe Mathewson
Languange : en
Publisher by : Northwestern University Press
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Description : Throughout its history, the Supreme Court has had a contentious relationship with the press. Yet, as Joe Mathewson shows, the Court and the Press provide crucial services for each other as well: the press educates the public about the Court's actions, and the court is charged withe protecting the freedoms on which the press relies. In The Supreme Court and the press, Mathewson charts the history of this complex dynamic, from the court's early neglect of the First Amendment through the press's coverage of today's most controversial cases. With this history in mind, Mathewson brings his expertise as a Journalist and lawyer to bear in offering a diagnosis of the current situation, as well as offering solutions to the present shortcomings in the relationship between these two essential institutions.


Conservatism And Pragmatism

Author by : S. Vannatta
Languange : en
Publisher by : Springer
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Description : Conservatism and Pragmatism illustrates the intersections between classical British Conservative thought and classical American Pragmatist philosophy with regard to methodology in politics, ethics, and law.


Divergent Paths

Author by : Richard A. Posner
Languange : en
Publisher by : Harvard University Press
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Description : Judges and legal scholars talk past one another, if they have any conversation at all. Academics criticize judicial decisions in theoretical terms, which leads many judges to dismiss academic discourse as divorced from reality. Richard Posner reflects on the causes and consequences of this widening gap and what can be done to close it.