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Dispute Resolution: Beyond the Adversarial Model
Carrie Menkel-Meadow, Lela P. Love, Andrea K. Schneider, and Jean R. Sternlight
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The Triumph of Venus : the Erotics of the Market
Jeanne L. Schroeder
The theory of law and economics that dominates American jurisprudence today views the market as rational and individuals as driven by the desire to increase their wealth. It is a view riddled with misconceptions, as Jeanne Lorraine Schroeder demonstrates in this challenging work, which looks at contemporary debates in legal theory through the lens of psychoanalysis and continental philosophy. Through metaphors drawn from classical mythology and interpreted via Lacanian psychoanalysis and Hegelian philosophy, Schroeder exposes the hidden and repressed erotics of the market. Her work shows how the predominant economic analysis of markets and the standard romantic critique of markets are in fact mirror images, reflecting the misconception that reason and passion are inalterably opposed.
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Comparative Constitutionalism : Cases and Materials
Norman Dorsen, Michel Rosenfeld, András Sajó, and Susanne Baer
This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect commercial relationships and the development of human rights. It contains examples from countries in all continents, examining the assumptions, choices, trade-offs and values that have formed the foundations of individual legal systems. Examples also illustrate how other constitutional democracies address similar problems, and illuminate different theories of constitutionalism as they have evolved in many types of legal systems. The work also seeks to help students comprehend the nature and problems of regional and international institutions and adjudicatory bodies.
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Judaism and Healing: Halakhic Perspectives
J. David Bleich
Judaism and Healing is a concise, incisive, but nontechnical study of major issues in medical bioethics. Rabbi Bleich examines each topic from the perspective of Jewish tradition. Truth-telling, professional secrecy, population policy, abortion, sex-change surgery, test tube babies, animal experimentation, euthanasia, autopsy, and sex preselection are among the more than thirty topics discussed as a guide to understanding the teachings of normative Judaism. This new and expanded edition adds chapters on AIDS, surrogate motherhood, pregnancy reduction, cloning, and palliation of pain. Rabbi Bleich presents in a clear and lucid manner principles and concerns which enter into the formulation of a Jewish response to each of these issues. Judaism and Healing is a treasure-trover of information with regard to the concerns of both bioethics and Jewish law.
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Administrative Law and Regulatory Policy : Problems, Text, and Cases
Stephen G. Breyer, Richard B. Stewart, Cass R. Sunstein, Adrian Vermeule, and Michael E. Herz
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Actual Innocence : When Justice Goes Wrong and How to Make it Right
Jim Dwyer, Peter Neufeld, and Barry Scheck
Extraordinarily powerful stories of ordinary people locked up for crimes they did not commit, and how they were freed against great odds.
A nightmare from a thousand B-movies: a horrible crime is committed in your neighborhood, and the police knock at your door. A witness swears you are the perpetrator; you have no alibi, and no one believes your protestations of innocence. You're convicted, sentenced to hard time in maximum security, or even death row, where you await the executioner's needle.
Tragically, this is no movie script but reality for hundreds of American citizens. Our criminal justice system is broken, and people from all walks of life have been destroyed by its failures. But science and a group of incredibly dedicated crusaders are working to repair the damage.
In the last ten years, DNA testing has uncovered stone-cold proof that sixty-five completely innocent people have been sent to prison and death row. But even in cases where there is physical evidence, the criminal justice system frees prisoners only after a torturous legal process. Incredibly, according to many trial judges, "actual innocence" is not grounds for release from prison.
At the Innocence Project, Barry Scheck and Peter Neufeld have helped to free thirty-seven wrongly convicted people, and have taken up the cause of hundreds more. Pulitzer Prize-winning columnist Jim Dwyer has been covering innocence cases for a decade. In Actual Innocence, Scheck, Neufeld, and Dwyer relate the harrowing stories of ten innocent men--convicted by sloppy police work, corrupt prosecutors, jailhouse snitches, mistaken eyewitnesses, and other all-too-common flaws of the trial system--and tell of the heroic efforts to free them.
Intense, startling, and utterly compelling, Actual Innocence is a passionate and fascinating journey through the looking glass of the American criminal justice system.
Tragically, this is no movie script but reality for hundreds of American citizens. Our criminal justice system is broken, and people from all walks of life have been destroyed by its failures. But science and a group of incredibly dedicated lawyers are working to repair the damage.
In the last decade of this century, DNA testing has uncovered stone-cold proof that fifty-five completely innocent people were sent to prison and death row. At the Innocence Project, Barry Scheck and Peter Neufeld have managed to free forty-three wrongly convicted people and have taken up the cause of two hundred more. Pulitzer Prize winning columnist Jim Dwyer covered this courthouse revolution from its very first days. In Actual Innocence, Scheck, Neufeld, and Dwyer relate the harrowing stories of ten of these individuals--convicted by sloppy police work, corrupt prosecutors, jailhouse snitches, mistaken witnesses, inept lawyers, and other all-too-common flaws in the trial system--and tell of the heroic efforts to free them.
Intense, harrowing, and compelling, Actual Innocence is a passionate argument for sanity in our courtrooms and a fascinating journey through the looking glass of the American criminal justice system. -
The Logic of Subchapter K : a Conceptual Guide to the Taxation of Partnerships
Laura E. Cunningham and Noël B. Cunningham
The material avoids neither the hard questions nor the conceptual difficulties, leaving students with a firm understanding of partnership taxation. Each chapter begins with a basic explanation of the relevant provisions, and the roles that they play in the overall structure of Subchapter K. Includes an increasingly detailed discussion of the specific rules, including multiple illustrative examples. Each chapter builds on the earlier chapters, leading the student through Subchapter K's seamless web. For J.D. or graduate-level law school courses on partnership taxation.
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Actual Innocence : Five Days to Execution and Other Dispatches from the Wrongly Convicted
Jim Dwyer, Peter Neufeld, and Barry Scheck
Extraordinarily powerful stories of ordinary people locked up for crimes they did not commit, and how they were freed against great odds. A nightmare from a thousand B-movies: a horrible crime is committed in your neighborhood, and the police knock at your door. A witness swears you are the perpetrator; you have no alibi, and no one believes your protestations of innocence. You're convicted, sentenced to hard time in maximum security, or even death row, where you await the executioner's needle. Tragically, this is no movie script but reality for hundreds of American citizens. Our criminal justice system is broken, and people from all walks of life have been destroyed by its failures. But science and a group of incredibly dedicated crusaders are working to repair the damage. In the last ten years, DNA testing has uncovered stone-cold proof that sixty-five completely innocent people have been sent to prison and death row. But even in cases where there is physical evidence, the criminal justice system frees prisoners only after a torturous legal process. Incredibly, according to many trial judges, "actual innocence" is not grounds for release from prison. At the Innocence Project, Barry Scheck and Peter Neufeld have helped to free thirty-seven wrongly convicted people, and have taken up the cause of hundreds more. Pulitzer Prize-winning columnist Jim Dwyer has been covering innocence cases for a decade. In Actual Innocence, Scheck, Neufeld, and Dwyer relate the harrowing stories of ten innocent men--convicted by sloppy police work, corrupt prosecutors, jailhouse snitches, mistaken eyewitnesses, and other all-too-common flaws of the trial system--and tell of the heroic efforts to free them. Intense, startling, and utterly compelling, Actual Innocence is a passionate and fascinating journey through the looking glass of the American criminal justice system.
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Gilmore and Carlson on Secured Lending : Claims in Bankruptcy
Grant Gilmore and David Gray Carlson
Enormous revolutions have occurred in commercial law since the publication of the landmark GILMORE ON SECURITY INTERESTS IN PERSONAL PROPERTY. In this new edition, The author analyzes the law of secured credit under federal bankruptcy law. He presents an exhaustive and authoritative analysis of secured claims in bankruptcy since even secured creditors cannot rely passively on their relatively privileged status but must avoid potential pitfalls to recovery and actively pursue all available assets of the debtor. Virtually all of the material is new to this revision since secured creditors were largely immune from bankruptcy administration prior to 1978. Secured interests are now enforced in bankruptcy proceedings far more than anywhere else. Moreover, bankruptcy law does not adhere to a distinction between real and personal property. In Part I the authors cover the avoidance powers of a bankruptcy trustee against security interests otherwise good under state law. Among the topics covered are voidable preferences, commingled bank accounts, lapsed perfection, and exempt property. Part II begins the discussion of the administrative treatment of a secured claim once it is established as valid in bankruptcy. Topics included are liquidation and reorganization, reinstatement and cure, special status of airplanes, redemption and affirmation, automatic stay, proofs of claim, adequate protection and cash collateral. Part III concludes with analysis of after-acquired property and proceeds, proceeds and voidable preferences, power of sale, surcharge, post petition secured credit, 'double elevens,' classification veto, equity cushions, post petition interest rates, and fees, costs, and charges. Gilmore and Carlson on Secured Lending: Claims in Bankruptcy will enable practitioners to serve the interests of their creditor clients more effectively by recovering the maximum amount possible from any bankruptcy proceeding.
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Cases and Materials on Civil Procedure
A. Leo Levin, Philip Shuchman, and Charles M. Yablon
This casebook covers major aspects of civil procedure. The author makes extensive use of empirical materials to illustrate the impact of procedural rules on actual cases. It is a broadly focused look at civil procedure including both state and federal practice.
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Bioethical Dilemmas: A Jewish Perspective Volume 1
J. David Bleich
A collection of less technical lectures and papers presented by halackic scholar and ethicist Bleich to a wide range of audiences over the past few decades. From a Jewish perspective, they engage such issues as assisted procreation, surrogate motherhood, pregnancy reduction, sperm banking, disclosure of information, care of the terminally ill, AIDS, HIV screening, and conjoined twins.
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Ritchie, Alford & Effland's Estates and Trusts : Cases and Materials
Joel C. Dobris and Stewart E. Sterk
Ritchie, Alford, and Effland's Estates and Trusts provides comprehensive treatment of the subject of estates and trusts. It includes sections on life insurance, Medicaid trusts, planning for incapacity, and estate planning for gay and lesbian testators. As a teaching tool, the book adapts to three- or four-credit courses.
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Just Interpretations : Law Between Ethics and Politics
Michel Rosenfeld
In pluralistic societies that lack common ethical, social, and political values, legal interpretation is constantly under siege. Just interpretations—that is, interpretations that reflect a shared vision of justice—may become just interpretations in the sense of mere interpretations, rooted in the orientations and interests of different groups. Confronting this crisis in legal interpretation, Just Interpretations offers a critical appraisal of the principal theoretical trends in contemporary American and European jurisprudence and proposes an alternative approach.
Michel Rosenfeld's critique focuses on neoformalism, pragmatism, discourse theory, and legal autopoiesis, and includes discussions of such authors as Habermas, Rorty, Posner, Luhmann, Dworkin, Fish, and Weinrib. To overcome the drawbacks of these theories, Rosenfeld elaborates a theory of "comprehensive pluralism," based on a substantive vision of pluralism. This approach, building on the insights of deconstruction, turns the fact of pluralism into a guiding normative imperative.
Just Interpretations will attract the attention of constitutional scholars, political scientists, and critical theorists, and will also address an interdisciplinary audience interested in texts, interpretations, and postmodern concerns with justice. -
The Vestal and the Fasces : Hegel, Lacan, Property, and the Feminine
Jeanne L. Schroeder
In this feminist exploration of the erotics of the marketplace, Hegel's notion of property and Lacan's idea of the phallus serve parallel functions in creating the subjectivity necessary for self-actualization. Subjectivity requires intersubjective relationships mediated through a regime of possessing, enjoying, and exchanging an object of desire. For Hegel, this regime is property; for Lacan, it is sexuality, symbolized by the Phallus, which we conflate with the male organ and the female body. Property law, in Jeanne Schroeder's account, is implicitly figured by similar anatomical metaphors for that which men wish to possess and that which women try to be and enjoy. This is reflected in imagery taken from ancient Rome—the axe and bundle of sticks known as the Fasces, and the virgin priestess called the Vestal. Schroeder traces the persistence of phallic metaphors in modern jurisprudence. Rejecting the dominant schools of legal feminism, she reconceptualizes property—the legal relationship as well as its not necessarily material object—as a necessary moment in the human struggle for love and recognition. The Feminine, for Schroeder, is the radical negativity at the heart of both Lacan's split subject and Hegel's concept of freedom. Feminine emancipation and private property are, therefore, equally necessary conditions for the actualization of the free individual and the just society. Feminist scholars, social theorists, political scientists, philosophers, and lawyers will find in Schroeder's analysis scintillating new perspectives on property theory and the feminine within the market and the law.
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The Logic of Subchapter K : a Conceptual Guide to the Taxation of Partnerships
Laura E. Cunningham and Noël B. Cunningham
The material avoids neither the hard questions nor the conceptual difficulties, leaving students with a firm understanding of partnership taxation. Each chapter begins with a basic explanation of the relevant provisions, and the roles that they play in the overall structure of Subchapter K. Includes an increasingly detailed discussion of the specific rules, including multiple illustrative examples. Each chapter builds on the earlier chapters, leading the student through Subchapter K's seamless web. For J.D. or graduate-level law school courses on partnership taxation.
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Law in the Courts of Love : Literature and Other Minor Jurisprudences
Peter Goodrich
Law in the Courts of Love traces the literary history and diversity of past legal systems. These minor jurisprudences range from the spiritual laws of the courts of conscience to the code and judgements of love handed down by women's courts in medieval France. Peter Goodrich presents the 15th Century Courts of Love in Paris as one instance of an alternative jurisdiction drawn from the diversities of the legal and literary past. These studies trace certain boundaries of modern law and make up one of many forms of legal knowledge which escape today's vision of unitary law. Law in the Courts of Love shows how the historical diversity of forms and procedures of law can competently form the basis for critical revisions of contemporary legal doctrine and professional practice.
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The Day the Presses Stopped: A History of the Pentagon Papers Case
David Rudenstine
This bold account provides an original perspective on one of the most significant legal struggles in American history: the Nixon administration's efforts to prohibit the New York Times and the Washington Post from publishing the 7,000-page, top-secret Pentagon Papers, which traced U.S. involvement in Vietnam. In his gripping account of this highly charged case, Rudenstine examines new evidence, raises difficult questions, and challenges conventional views of a historic moment.
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Vichy Law and the Holocaust in France
Richard H. Weisberg
The involvement of Vichy France with Nazi Germany's efforts to exterminate Europe's Jews has long been a source of debate and contention. At a time when France is taking more responsibility for its role in the deportation and murder of 75,000 of its Jewish citizens, Richard Weisberg here provides a comprehensive and devastating account of the French legal system's complicity with Hitler's genocidal campaign during the dark period known as Vichy. As in Germany, the exclusionary laws passed during the Vichy period formalized institutional anti-semitism. In Vichy Law and the Holocaust in France, Weisberg pulls back the curtain on the ways in which the legal community responded to these laws. Private lawyers quickly absorbed the discourse of religious exclusion into the conventional legal framework, expanding the laws beyond their simple intentions, their literal sense, and even their German precedents. Anti-Jewish laws slipped easily and with little resistance into the legal canon and French lawyers often enlisted the laws as a means of career advancement. Examining the work of lawyers and judges, policy makers and administrators, prosecutors and defenders, reporters and academics, Weisberg reveals how legalized persecution actually operated on a practical level.
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Contemporary Halakhic Problem Volume 4
J. David Bleich
This series, an outstanding example of the traditional approach to the halakhah, deals with the application of Jewish law to contemporary social, political, technological and religious problems. Chapters in these volumes are devoted to questions of personal and social status, the State of Israel, the Sabbath and Holy Days, medical halakhah, education and business law. Major issues such as assisted procreation, abortion, fetal tissue research, the agunah problem, intermarriage, conversion, the role of the Bet Din, capital punishment, preemptive warfare and many, many more are analyzed in detail. Many of these topics have been matters of heated controversy within the Jewish community. The author, a distinguished talmudic scholar and halakhist, has culled relevant material from the vast responsa literature. He examines each question by carefully delineating the issues, showing the various positions taken by rabbinic scholars, clarifying areas of divergence and analyzing the reasons for disagreement. This work is an invaluable source book for all students of traditional Jewish law and practice.
This best-selling series has been universally acclaimed as a classic of its genre. A Jerusalem Post reviewer observed that it is "scholarly, lucid and good-tempered..Direct, comprehensive, realistic..enjoy this treasury of halakhic knowledge. -
Oedipus Lex: Psychoanalysis, History, Law
Peter Goodrich
Oedipus Lex offers an original and evocative reading of legal history and institutional practice in the light of psychoanalysis and aesthetics. It explores the unconscious of law through a wealth of historical and contemporary examples. Peter Goodrich provides an anatomy of law's melancholy and boredom, of addiction to law, of legal repressions, and the aesthetics of jurisprudence. He retraces the genealogy of law and invokes the failures and exclusions—the poets, women, and outsiders—that legal science has left in its wake.
Goodrich analyzes the role and power of the image of law and details the history of law's plural jurisdictions and traditions of resistance to law. He explores mechanisms of repression and representation as constituents of modern subjectivity, using long-abandoned medieval texts and early appearances of feminism as resources for the understanding and renewal of legal scholarship. Not simply deconstruction but also reconstruction, this work is keenly attuned to the discontinuties, silences, and gaps in the cultural tradition called law.
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