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Reading Law Forward

Reading Law Forward
Author: Peter Charles Hoffer
Publisher: University Press of Kansas
Total Pages: 246
Release: 2023-07-14
Genre: Law
ISBN: 0700635084

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In the current legal climate where “everyone is an originalist,” conventional wisdom suggests that judges merely find law, rather than make it. Orthodox common-law jurisprudence makes fidelity to the past the central goal and criterion. By contrast, the alternative approach, “reading the law forward”—what some call judicial pragmatism or consequentialism—is viewed as heretical. Rather than mount a theoretical defense of a forward-thinking jurisprudence, legal historian Peter Charles Hoffer offers an empirical study of how this approach to constitutional interpretation actually leads to better law. Reading Law Forward looks at seven judges who exemplify this alternative jurisprudence: John Marshall, Joseph Story, Lemuel Shaw, Louis D. Brandeis, Benjamin Cardozo, William O. Douglas, and Stephen G. Breyer. “In the hands of America’s leading judges, a jurisprudence of reading law forward enabled courts to respond to the challenges of changing conditions. It kept law fresh. It promoted and still promotes the growth of a democratic society,” Hoffer convincingly argues.


Reading Law

Reading Law
Author: Antonin Scalia
Publisher: West Publishing Company
Total Pages: 0
Release: 2012
Genre: Judicial process
ISBN: 9780314275554

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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.


Reading Like a Lawyer

Reading Like a Lawyer
Author: Ruth Ann McKinney
Publisher:
Total Pages: 0
Release: 2012
Genre: Law
ISBN: 9781611631104

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Please note that the supplemental materials website has moved to caplaw.com/rll Studies show that the reading skills your students have developed in college may not be enough to ensure their success in law school. Reading law requires professionals to understand the purpose of their reading, to form and express opinions about what they're reading, to apply legal logic, to read with energy, and to adopt sophisticated reading habits that are unique to the study of law. Written for law students, pre-law students, paralegals, and others interested in developing these reading skills, Reading Like a Lawyer teaches each of the following critical legal reading skills: how to read legal casebooks and engage in class, as well as how to use your reading to prepare for exams; how to read published court cases outside of a casebook; how to read legislative material; and how to read online effectively. Based on sound educational research, each chapter includes exercises that challenge students to apply what that chapter has taught. A website accompanies the book and includes additional readings (e.g., on logic) plus opportunities for students to gain confidence by testing their own thoughts against those of the author. For faculty, Reading Like a Lawyer includes a separate teacher's manual and a faculty website with a powerpoint that mirrors the book's principle lessons.


Comprehension Going Forward

Comprehension Going Forward
Author: Ellin Oliver Keene
Publisher: Heinemann Educational Books
Total Pages: 0
Release: 2011
Genre: Education
ISBN: 9780325041636

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Examines the characteristics of effective comprehension instruction, explores the range of applications it has for students, and discusses areas for improvement.


The Parliamentary Debates

The Parliamentary Debates
Author: Great Britain. Parliament
Publisher:
Total Pages: 992
Release: 1896
Genre: Great Britain
ISBN:

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Parliamentary Debates

Parliamentary Debates
Author:
Publisher:
Total Pages: 978
Release: 1896
Genre:
ISBN:

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We the People

We the People
Author: Erwin Chemerinsky
Publisher: Macmillan + ORM
Total Pages: 200
Release: 2018-11-13
Genre: Law
ISBN: 1250165997

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"This work will become the defining text on progressive constitutionalism — a parallel to Thomas Picketty’s contribution but for all who care deeply about constitutional law. Beautifully written and powerfully argued, this is a masterpiece." --Lawrence Lessig, Harvard Law School, and author of Free Culture Worried about what a super conservative majority on the Supreme Court means for the future of civil liberties? From gun control to reproductive health, a conservative court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the U.S. Constitution that protects the rights of all people is now. University of California Berkeley Dean and respected legal scholar Erwin Chemerinsky expertly exposes how conservatives are using the Constitution to advance their own agenda that favors business over consumers and employees, and government power over individual rights. But exposure is not enough. Progressives have spent too much of the last forty-five years trying to preserve the legacy of the Warren Court’s most important rulings and reacting to the Republican-dominated Supreme Courts by criticizing their erosion of rights—but have not yet developed a progressive vision for the Constitution itself. Yet, if we just look to the promise of the Preamble—liberty and justice for all—and take seriously its vision, a progressive reading of the Constitution can lead us forward as we continue our fight ensuring democratic rule, effective government, justice, liberty, and equality. Includes the Complete Constitution and Amendments of the United States of America


Reading the Animal in the Literature of the British Raj

Reading the Animal in the Literature of the British Raj
Author: S. Rajamannar
Publisher: Springer
Total Pages: 212
Release: 2012-02-27
Genre: Literary Criticism
ISBN: 1137011076

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Discusses the production and circulation of animal narratives in colonial India in order to investigate the constructs of animals played into a variety of forms of othering that took place in England during its imperial venture.


Brexit: A Way Forward

Brexit: A Way Forward
Author: Marcello Sacco
Publisher: Vernon Press
Total Pages: 398
Release: 2019-10-01
Genre: Law
ISBN: 1622734394

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The outcome of the European Union membership referendum in 2016 has presented the United Kingdom with one of its greatest challenges of modern times. As negotiations for an exit strategy continue, this volume looks to open up conversations on the socio-legal implications of such a monumental transition. Aimed at addressing issues relating to Brexit that affect every aspect of British society, this book seeks to not just list the problems but to offer viable solutions for “the way forward”. Divided into three parts, this book presents a comprehensive yet accessible discussion of the impact of Brexit on the United Kingdom. Part I brings together three social studies that reveal that Brexit may be the result of international nationalist narratives, and that the choice to leave the EU is already affecting Brits abroad and the future opportunities for British students. Part II turns its attention to national legal issues that are affected such as the Irish border, waste management, moral copyright, and the support of local enterprises. Lastly, Part III investigates commercial law touching on important topics such as international litigation, insolvency and tax law. As this publication suggests eventual solutions to several issues caused by Brexit, it may be of interest to not only other academics working in the field, but also to policy makers and relevant stakeholders.


Reading Like a Lawyer

Reading Like a Lawyer
Author: Ruth Ann McKinney
Publisher:
Total Pages:
Release: 2022
Genre: Law
ISBN: 9781531024871

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"With a fresh new look in its third edition, Reading Like a Lawyer continues to be on the cutting edge of teaching one of the most challenging skills lawyers and other legal professionals need to develop: how to read law effectively. Studies show that the reading skills your students have developed in college may not be enough to ensure their success in law school. Reading law requires professionals to understand the purpose of their reading, to form and express opinions about what they're reading, to apply legal logic, to read with energy, and to adopt sophisticated reading habits that are unique to the study of law. Written for law students, pre-law students, paralegals, and others interested in developing these reading skills, Reading Like a Lawyer teaches each of the following critical legal reading skills: how to read legal casebooks and engage in class, as well as how to use your reading to prepare for exams; how to read published court cases outside of a casebook; how to read legislative material; and how to read online effectively. Based on sound educational research, each chapter includes exercises that challenge students to apply what they have learned. A website accompanies the book and includes additional readings (e.g., on logic) plus opportunities for students to gain confidence by testing their own thoughts against those of the author"--