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Llewellyn’s classic The Common Law Tradition is Digitally Remastered™ and available in paperback, hardback & ebooks
Karl Llewellyn, a legal realist whose views on jurisprudence were influential and sometimes controversial, was also one of the leading teachers of fundamental legal thought. He took seriously the functions of courts, the use of precedent, and the power of rules. In this important book, he laid bare these jurisprudential tools, in support of appellate court thinking at all levels in the legal system. Legal analysis is so clearly picked apart that this work has served as a tool-kit for judicial thinking — and persuasive argument to courts — since it was first published in 1960. And his invaluable appendices show in detail how arguments and judicial expressions can be turned around…
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Yale Law Journal, Apr. 2015, on constitutional duty to supervise, discrimination by architectural design, and AG nondefense of laws
The contents of the April 2015 issue (Volume 124, Number 6) are: • Article, “The Constitutional Duty To Supervise,” by Gillian E. Metzger • Article, “Architectural Exclusion: Discrimination and Segregation Through Physical Design of the Built Environment,” by Sarah Schindler • Feature, “Fifty Attorneys General, and Fifty Approaches to the Duty To Defend,” by Neal Devins & Saikrishna Bangalore Prakash • Note, “Executive Orders in Court,” by Erica Newland • Comment, “Stare Decisis and Secret Law: On Precedent and Publication in the Foreign Intelligence Surveillance Court,” by Jack Boeglin & Julius Taranto The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting. Available in leading formats:…
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David Gold explores the earlier Tea Party Movement and its Emergence in the Midwest States
Supporters of the 21st-century Tea Party movement claim the Boston Tea Party of 1773 as their inspiration, while scholars dismiss the connection. Neither camp pays much attention to the intervening years, and both overlook one of the great populist movements in American history. As David M. Gold demonstrates, 19th-century Americans who were fed up with reckless government spending, high taxes, and crony capitalism launched a campaign for smaller, more accountable, more transparent government. The movement culminated in state constitutional conventions in all the states of the Old Northwest, and other parts of the country as well, that rewrote the nation’s fundamental law. Citizens and scholars will continue to debate the…
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Crump’s fictional lawyer Robert Herrick is Back: Suing Terrorists and their Money Machine
The football game is tied. It’s in sudden death overtime. And that’s when three Islamic extremists trigger an explosion that kills over 100 innocent spectators. The men who did it are promptly caught and charged with capital murder, but everyone knows that there are more guilty people behind the act. There are banks, or foundations, or governments who fronted this terrorism. Terrorists need money. Families of the victims ask attorney Robert Herrick—the “Lawyer for the Little Guy”—to bring the financiers to justice. It’s a tough claim, and he declines . . . but eventually he’s persuaded to take the case. Nothing about this lawsuit is easy, from preparing the court…
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Yale Law Journal, March 2015, on non-contentious jurisdiction, 401(k)’s, and mass atrocity crimes
The contents of the March 2015 issue (Volume 124, Number 5) include: Articles: • “Article III Judicial Power, the Adverse-Party Requirement, and Non-Contentious Jurisdiction” James E. Pfander & Daniel D. Birk • “Beyond Diversification: The Pervasive Problem of Excessive Fees and ‘Dominated Funds’ in 401(k) Plans” Ian Ayres & Quinn Curtis • “The Uneasy Case for Favoring Long-Term Shareholders” Jesse M. Fried • “Deviance, Aspiration, and the Stories We Tell: Reconciling Mass Atrocity and the Criminal Law” Saira Mohamed Notes: • “Mitigating Jurors’ Racial Biases: The Effects of Content and Timing of Jury Instructions” Elizabeth Ingriselli • “How To Eat an Elephant: Corporate Group Structure of Systemically Important Financial Institutions,…
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Harvard Law Review, April 2015: Developments in the Law – Policing; plus federalism by consent; anticipatory remedies for takings, and modern China
The Harvard Law Review, April 2015, is offered in a digital edition. Contents include the annual Developments in the Law survey of a particular area of legal concern; this year’s topic is Policing. Other contents include: * Article, “Consent Procedures and American Federalism,” by Bridget Fahey * Essay, “Anticipatory Remedies for Takings,” by Thomas W. Merrill * Book Review, “How a ‘Lawless’ China Made Modern America: An Epic Told in Orientalism,” by Carol G.S. Tan Specific subjects studied in Developments in the Law – Policing are: Policing and Profit, Policing Students, Policing Immigrant Communities, and Considering Police Body Cameras. In addition, the issue features student commentary on Recent Cases, including…
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Crump’s How To Reason explains logic, scientific method, statistics, game theory, psychology, jurisprudence, econ, accounting, and more
This book is a kind of “thinker’s toolkit.” It’s a guide to clear reasoning. The sources range from Plato to Pareto, from Kant to Clausewitz, from Rawls to Rousseau, from Freud to Friedman, and from Adam and Eve to Adam Smith. In these pages, you will be amused by the fallacy of Bertrand Russell’s chicken-and by game theorists’ analyses of the game of chicken. You will see how air conditioning works, how obsessive-compulsive personality disorder is diagnosed, and how General Norman Schwartzkopf started the invasion of Iraq that began Operation Desert Storm. If some of these names are unfamiliar to you, don’t worry. They’re unfamiliar to many well-educated people. The…
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Wilensky’s classic Organizational Intelligence takes on failure in intelligence and informational decision-making
This prize-winning, foundational book — now in an ebook edition and new paperback, featuring a 2015 Foreword by Neil Smelser — focuses on the structural and ideological roots of intelligence failures (both informational and analytical) found in government, industry, and other institutions. It provides groundbreaking theory and structure to the analysis of decision-making processes and their breakdowns, as well as the interactions among experts and the organizations they inform.In this book, both “organization” and “intelligence” are taken to their larger meanings, not just focused on the military meaning of intelligence or on one set of institutions in society. Astute illustrations of intelligence failures abound from real-world cases, such as foreign…
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Harvard Law Review, March 2015, on creating around copyright, property as the new privacy, value of illegal immigrants, more
The Harvard Law Review, March 2015, is offered in a digital edition. Contents include: • Article, “Creating Around Copyright,” Joseph P. Fishman • Book Review, “Growing Up Outside the Law,” Stephen Lee • Book Review, “Property Is the New Privacy: The Coming Constitutional Revolution,” Suzanna Sherry • Note, “Working Together for an Independent Expenditure: Candidate Assistance with Super PAC Fundraising” In addition, the issue features student commentary on Recent Cases and policy positions, including such subjects as: defining ‘government instrumentality’ under the Foreign Corrupt Practices Act, invalidation of New York soda-portion cap, whether the Federal Energy Regulatory Commission lacks jurisdiction over rates for nonconsumption of energy, standard of review for…
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Galanter’s much-cited Why the Haves Come Out Ahead is now a book, adding new commentary
This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced “repeat players” and inexperienced “one shotters” in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actor’s frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the “majestic equality” of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American…
