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The Face That Launched A Thousand Lawsuits

Author: Jessica Lake
Publisher: Yale University Press
ISBN: 030022530X
Size: 35.70 MB
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A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women—whose images were being taken and circulated without their consent—to court. There they championed the creation of new laws and laid the groundwork for America’s commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women’s history, the history of photography, and cinema and media studies.

Congress S Constitution

Author: Josh Chafetz
Publisher: Yale University Press
ISBN: 0300197101
Size: 46.43 MB
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A leading scholar of Congress and the Constitution analyzes Congress's surprisingly potent set of tools in the system of checks and balances. Congress is widely supposed to be the least effective branch of the federal government. But as Josh Chafetz shows in this boldly original analysis, Congress in fact has numerous powerful tools at its disposal in its conflicts with the other branches. These tools include the power of the purse, the contempt power, freedom of speech and debate, and more. Drawing extensively on the historical development of Anglo-American legislatures from the seventeenth century to the present, Chafetz concludes that these tools are all means by which Congress and its members battle for public support. When Congress uses them to engage successfully with the public, it increases its power vis-�-vis the other branches; when it does not, it loses power. This groundbreaking take on the separation of powers will be of interest to both legal scholars and political scientists.

The Ages Of American Law

Author: Grant Gilmore
Publisher: Yale University Press
ISBN: 030021104X
Size: 25.33 MB
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Following its publication in 1974, Grant Gilmore's compact portrait of the development of American law from the eighteenth century to the mid-twentieth century became a classic. In this new edition, the portrait is brought up to date with a new chapter by Philip Bobbitt that surveys the trajectory of American law since the original publication. Bobbitt also provides a Foreword on Gilmore and the celebrated lectures that inspired The Ages of American Law. "Sharp, opinionated, and as pungent as cheddar."—New Republic "This book has the engaging qualities of good table talk among a group of sophisticated and educated friends—given body by broad learning and a keen imagination and spiced with wit."—Willard Hurst

The Origins Of Reasonable Doubt

Author: James Q. Whitman
Publisher: Yale University Press
ISBN: 9780300116007
Size: 18.89 MB
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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

Inventing American Exceptionalism

Author: Amalia D. Kessler
Publisher: Yale University Press
ISBN: 0300198078
Size: 56.55 MB
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A highly engaging account of the developments--not only legal, but also socioeconomic, political, and cultural--that gave rise to Americans' distinctively lawyer-driven legal culture When Americans imagine their legal system, it is the adversarial trial--dominated by dueling larger-than-life lawyers undertaking grand public performances--that first comes to mind. But as award-winning author Amalia Kessler reveals in this engrossing history, it was only in the turbulent decades before the Civil War that adversarialism became a defining American practice and ideology, displacing alternative, more judge-driven approaches to procedure. By drawing on a broad range of methods and sources--and by recovering neglected influences (including from Europe)--the author shows how the emergence of the American adversarial legal culture was a product not only of developments internal to law, but also of wider socioeconomic, political, and cultural debates over whether and how to undertake market regulation and pursue racial equality. As a result, adversarialism came to play a key role in defining American legal institutions and practices, as well as national identity.

According To Our Hearts

Author: Angela Onwuachi-Willig
Publisher: Yale University Press
ISBN: 0300166885
Size: 71.78 MB
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DIV This landmark book looks at what it means to be a multiracial couple in the United States today. According to Our Hearts begins with a look back at a 1925 case in which a two-month marriage ends with a man suing his wife for misrepresentation of her race, and shows how our society has yet to come to terms with interracial marriage. Angela Onwuachi-Willig examines the issue by drawing from a variety of sources, including her own experiences. She argues that housing law, family law, and employment law fail, in important ways, to protect multiracial couples. In a society in which marriage is used to give, withhold, and take away status—in the workplace and elsewhere—she says interracial couples are at a disadvantage, which is only exacerbated by current law. /div

The Future Of Reputation

Author: Daniel J. Solove
Publisher: Yale University Press
ISBN: 9780300138191
Size: 23.83 MB
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Teeming with chatrooms, online discussion groups, and blogs, the Internet offers previously unimagined opportunities for personal expression and communication. But there's a dark side to the story. A trail of information fragments about us is forever preserved on the Internet, instantly available in a Google search. A permanent chronicle of our private lives, often of dubious reliability and sometimes totally false, will follow us wherever we go, accessible to friends, strangers, dates, employers, neighbours, relatives, and anyone else who cares to look. This engrossing book, brimming with amazing examples of gossip, slander, and rumour on the Internet, explores the profound implications of the online collision between free speech and privacy. Daniel Solove, an authority on information privacy law, offers a fascinating account of how the Internet is transforming gossip, the way we shame others, and our ability to protect our own reputations. Focusing on blogs, Internet communities, cybermobs, and other current trends, he shows that, ironically, the unconstrained flow of information on the Internet may impede opportunities for self-development and freedom. Long-standing notions of privacy need review, the author contends: unless we establish a balance between privacy and free speech, we may discover that the freedom of the Internet makes us less free.

Plugged In

Author: Patti M. Valkenburg
Publisher: Yale University Press
ISBN: 0300228090
Size: 67.36 MB
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An illuminating study of the complex relationship between children and media in the digital age Now, as never before, young people are surrounded by media—thanks to the sophistication and portability of the technology that puts it literally in the palms of their hands. Drawing on data and empirical research that cross many fields and continents, authors Valkenburg and Piotrowski examine the role of media in the lives of children from birth through adolescence, addressing the complex issues of how media affect the young and what adults can do to encourage responsible use in an age of selfies, Twitter, Facebook, and Instagram. This important study looks at both the sunny and the dark side of media use by today’s youth, including why and how their preferences change throughout childhood, whether digital gaming is harmful or helpful, the effects of placing tablets and smartphones in the hands of toddlers, the susceptibility of young people to online advertising, the legitimacy of parental concerns about media multitasking, and more.

The Criterion For Distinguishing Legal Opinions From Judicial Rulings And The Administrative Acts Of Judges And Rulers

Author: Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki
Publisher: Yale University Press
ISBN: 0300191154
Size: 38.31 MB
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The first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. In this edition of the Tamyiz, Mohammad Fadel addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. Al-Qarafi's examination of the distinctions among judicial rulings, which were final and unassailable, legal opinions, which were advisory and not binding, and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.

Storming The Court

Author: Brandt Goldstein
Publisher: Simon and Schuster
ISBN: 1416535152
Size: 79.71 MB
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Describes how, in 1992, a group of Yale law students came to the aid of three hundred Haitian men, women, and children who had won asylum in the U.S. but who, having tested positive for HIV, were forced into a Guantanamo compound and battled the Bush administration, the Justice Department, the American military, and the Supreme Court to achieve their release. Reprint. 25,000 first printing.