The Common Law

Author: Oliver Wendell Holmes
Publisher: Harvard University Press
ISBN: 0674054016
Format: PDF, ePub
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Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court. The John Harvard Library presents a text that is, with occasional corrections of typographical errors, identical to that found in the first and all subsequent printings by Little, Brown.

Alger Hiss s Looking Glass Wars

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 9780195348408
Format: PDF, Docs
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For decades, a great number of Americans saw Alger Hiss as an innocent victim of McCarthyism--a distinguished diplomat railroaded by an ambitious Richard Nixon. And even as the case against Hiss grew over time, his dignified demeanor helped create an aura of innocence that outshone the facts in many minds. Now G. Edward White deftly draws together the countless details of Hiss's life--from his upper middle-class childhood in Baltimore and his brilliant success at Harvard to his later career as a self-made martyr to McCarthyism--to paint a fascinating portrait of a man whose life was devoted to perpetuating a lie. White catalogs the evidence that proved Hiss's guilt, from Whittaker Chambers's famous testimony, to copies of State Department documents typed on Hiss's typewriter, to Allen Weinstein's groundbreaking investigation in the 1970s. The author then explores the central conundrums of Hiss's life: Why did this talented lawyer become a Communist and a Soviet spy? Why did he devote so much of his life to an extensive public campaign to deny his espionage? And how, without producing any new evidence, did he convince many people that he was innocent? White offers a compelling analysis of Hiss's behavior in the face of growing evidence of his guilt, revealing how this behavior fit into an ongoing pattern of denial and duplicity in his life. The story of Alger Hiss is in part a reflection of Cold War America--a time of ideological passions, partisan battles, and secret lives. It is also a story that transcends a particular historical era--a story about individuals who choose to engage in espionage for foreign powers and the secret worlds they choose to conceal. In White's skilled hands, the life of Alger Hiss comes to illuminate both of those themes.

Letters of Louis D Brandeis Volume III 1913 1915

Author: Louis D. Brandeis
Publisher: SUNY Press
ISBN: 1438422598
Format: PDF, Kindle
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With the election of Woodrow Wilson in 1912, Louis D. Brandeis emerged as the undisputed intellectual leader of those reformers who were trying to recreate a democratic society free from the economic and political depradations of monopolistic enterprise. But now these reformers had a champion in the White House, and direct access to him through one of his most trusted advisers. In this volume we see what was probably the high point of progressive reform--the first three years of the Wilson Administration. During these years Brandeis was considered for a Cabinet position, consulted frequently on matters of patronage, and called in at key junctures to determine policy. But he still kept up his many obligations to different reform groups: arguing cases before the Supreme Court, acting as public counsel in rate hearings, writing Other People's Money, one of the key exposes of the era, as well as advising his good friend Robert M. LaFollette and other reform leaders. Yet at the height of his career as a reformer, Brandeis suddenly took on another heavy obligation, the leadership of the American Zionist movement, and helped marshal Jews in this country to aid their brethren in war-ravaged Europe and Palestine. Carrying over his democratic ideals, he challenged the established American Jewish aristocracy in the Congress movement, in order to broaden the base of Jewish participation in important issues. At the end of 1915, Brandeis was an important figure not only in domestic reform and Jewish affairs, but on the international scene as well. And although no one knew it at the time, he stood at the brink of nomination to the nation's highest court. As in the earlier volumes, these letters indicate the inner workings of American reform, and they also show how American Zionism, under the leadership of Brandeis and his lieutenants, assumed those characteristics that would make it a unique and powerful instrument in world politics.

Law in American History

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0199930988
Format: PDF, ePub, Docs
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In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.

The Accidental Republic

Author: John Fabian Witt
Publisher: Harvard University Press
ISBN: 9780674045279
Format: PDF, ePub, Mobi
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In the five decades after the Civil War, the United States witnessed a profusion of legal institutions designed to cope with the nation's exceptionally acute industrial accident crisis. Jurists elaborated the common law of torts. Workingmen's organizations founded a widespread system of cooperative insurance. Leading employers instituted welfare-capitalist accident relief funds. And social reformers advocated compulsory insurance such as workmen's compensation. John Fabian Witt argues that experiments in accident law at the turn of the twentieth century arose out of competing views of the loose network of ideas and institutions that historians call the ideology of free labor. These experiments a century ago shaped twentieth- and twenty-first-century American accident law; they laid the foundations of the American administrative state; and they occasioned a still hotly contested legal transformation from the principles of free labor to the categories of insurance and risk. In this eclectic moment at the beginnings of the modern state, Witt describes American accident law as a contingent set of institutions that might plausibly have developed along a number of historical paths. In turn, he suggests, the making of American accident law is the story of the equally contingent remaking of our accidental republic. Table of Contents: Introduction 1. Crippled Workingmen, Destitute Widows, and the Crisis of Free Labor 2. The Dilemmas of Classical Tort Law 3. The Cooperative Insurance Movement 4. From Markets to Managers 5. Widows, Actuaries, and the Logics of Social Insurance 6. The Passion of William Werner 7. The Accidental Republic Conclusion Notes Acknowledgments Index John Witt paints his portrait of industrializing America with the subtlety of a master and on an immense canvas. His magisterial history is much more than an account of the rise of workers compensation, still one of our greatest social reforms. Witt vividly recreates the social context of the late 19th century industrial world - workers' appalling injury and death rates, their mutual help and insurance associations, mass immigration, the rise of Taylorist management, the struggles to give new meaning to the free labor ideal, the encounter between European social engineering and American anti-statism and individualism, and the politics and economics of labor relations in the Progressive era. Out of these materials, Witt shows, the law helped fashion a new social order. His analysis has great contemporary significance, revealing both the alluring possibilities and the enduring limits of legal reform in America. It is destined to become a classic of social and legal history. --Peter H. Schuck, author of Diversity in America: Keeping Government at a Safe Distance John Witt shows us the power of perceptive legal history at work. Within the tangle of compensation for industrial accidents, he discovers not only a legal struggle whose outcome set the pattern for many 20th century interventions of government in economic life, but also a momentous confrontation between contract and collective responsibility. Anyone who finds American history absorbing will gain pleasure and insight from this book. --Viviana Zelizer, Princeton University, author of The Social Meaning of Money: Pin Money, Paychecks, Poor Relief, and Other Currencies In 1940 Willard Hurst and Lloyd Garrison inaugurated modern socio-legal studies in the United States with their history of workers' injuries and legal process in Wisconsin. Two generations later, John Fabian Witt's The Accidental Republic marks the full maturation of that field of inquiry. Deftly integrating a legal analysis of tort doctrine, a history of industrial accidents, and a fresh political-economic understanding of statecraft, Witt demonstrates the significance of turn-of-the-century struggles over work, injury, risk, reparation, and regulation in the making of our modern world. Sophisticated, comprehensive, and interdisciplinary, The Accidental Republic is legal history as Hurst and Garrison imagined it could be. --William Novak, The University of Chicago, author of The People's Welfare: Law and Regulation in Nineteenth-Century America

The Common Law

Author: Oliver Wendell (Jurist) Holmes
Publisher: Cambridge, Mass. : The Belknap Press of Harvard University Press
ISBN:
Format: PDF, ePub, Docs
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Law and the Limits of Reason

Author: Adrian Vermeule
Publisher: Oxford University Press
ISBN: 0199914095
Format: PDF, Kindle
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Law and the Limits of Reason asks "what are the consequences of recognizing the limits of reason within the legal system?" In particular, what are the consequences for the allocation of lawmaking authority among judges, legislators, and administrative agencies or executive officials? Vermeule examines the conditions under which the limits of reason support a greater or lesser allocation of authority to one institution or another.

Law in American History

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0199930988
Format: PDF, Docs
Download Now
In this second installment of G. Edward White's sweeping history of law in America from the colonial era to the present, White, covers the period between 1865-1929, which encompasses Reconstruction, rapid industrialization, a huge influx of immigrants, the rise of Jim Crow, the emergence of an American territorial empire, World War I, and the booming yet xenophobic 1920s. As in the first volume, he connects the evolution of American law to the major political, economic, cultural, social, and demographic developments of the era. To enrich his account, White draws from the latest research from across the social sciences--economic history, anthropology, and sociology--yet weave those insights into a highly accessible narrative. Along the way he provides a compelling case for why law can be seen as the key to understanding the development of American life as we know it. Law in American History, Volume II will be an essential text for both students of law and general readers.

Farnsworth on contracts

Author: Edward Allan Farnsworth
Publisher: Aspen Publishers
ISBN:
Format: PDF, Kindle
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Bring the expertise of America's foremost authority on contracts into your practice with this thoroughly updated three-volume set. Farnsworth on Contracts, Second Edition, Is where doctrine meets practice. Busy practitioners count on Farnsworth's proven ability to identify the essentials and omit extraneous material. His comprehensive coverage of the full range of contract law answers questions in hundreds of important areas, including: Good faith and fair dealing Precontractual liability Agreements to negotiate Vienna Convention on International Sales Contracts UNIDROIT principles Constitututional issues Settlement of disputed claims by check Options and rights of first refusal Employee handbooks Covenants not to compete Self-help measures He illustrates how contemporary contract law has been shaped by both the Restatement (Second) of Contracts -- for which he served as Reporter -- And The Uniform Commercial Code. Easy access to specifics, new cases, new drafting tips, new references, and timesaving features like cross-referenced cases and marginal heads make this three-volume set a valuable resource for litigation, arbitration, and practice. Farnsworth on Contracts was always the most authoritative contracts treatise - now, In its Second Edition, it is also the most up-to-date .