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A new take on Holmes' classic study of law and judicial development of rules. "The life of the law has not been logic: it has been experience." Annotated throughout with simple clarifications -- decoding and demystifying it for the first time - to make it accessible to a new generation of readers. Features a 2010 Foreword and extensive notes by Steven Alan Childress, J.D., Ph.D., a senior law professor at Tulane. Includes correct footnote numbers and original page numbers for citing. Contains rare photographs and insightful biographical section as well. As lamented by Holmes' premier biographer in 2006, The Common Law "is very likely the best-known book ever written about American law. But it is a difficult, sometimes obscure book, which today's lawyers and law students find largely inaccessible." No longer. With insertions and simple definitions of the original's language and concepts, this version makes it live for college students (able to "get it," at last, with legal terms explained), plus historians, law students, lawyers, and anyone wanting to understand his great book. No previous edition of this classic work has offered annotations or explanatory inserts. Oliver Wendell Holmes, Jr. compiled his master work in 1881 from lectures on the origins, reasoning, and import of the common law. It jump-started legal Realism and established law as a pragmatic way to solve problems and make policy, not just a bucket of rules. It has stood the test of time as one of the most important and influential studies of law. This book is interesting for a vast audience, including historians, students, and political scientists. It is also a recommended read before law school or in the 1L year. High quality hardcover edition from Quid Pro's Legal Legends Series. Holmes (1841-1935) was a legendary Justice of the U.S. Supreme Court. Before that, he was an influential legal scholar who brought pragmatism to a new age of legal thought.
Current important events in the U.S. legal profession and legal ethics, with useful research and analysis of the rules and the profession's current status, are analyzed by Tulane law students from an Advanced Professional Responsibility seminar. The collection is edited by Tulane legal ethics professor Steven Alan Childress, and he previews in his Foreword the students' explorations of the big stories of lawyers and the legal field from 2011. Purchase of this book benefits Tulane's Public Interest Law Foundation, a nonprofit student group that funds public interest placements and indigent client representations throughout the country. The timely topics include: false guilty pleas and candor to the court, ethical considerations in keeping the client's files as a digital record, legal outsourcing and competition, the dilemma of student debt in a slowed legal economy, the practice of law by legal websites like LegalZoom, the capital defense of Jared Lee Loughner, Justice Scalia's constitutional seminar for conservative congressmembers, sensitivity to "cultural competence," prosecutorial relationships with key witnesses, bar discipline for behavior outside the practice of law, negotiation ethics, hybridized MDL settlements, and the advocate-witness rule. This book is a detailed and timely follow-up to the 2010 Hot Topics book, also published in the Benefit Tulane PILF Series by Quid Pro Books. Its chapters are accessible to lawyers and, not bogged down with heavy legal jargon, to anyone interested in current topics of interest about the state of and conflicts in the legal profession and the justice system.
Building on the pragmatic conception of law he introduced in his 1881 book 'The Common Law, ' Oliver Wendell Holmes, Jr. -- by 1897 a jurist on Massachusetts' highest court and soon to be an Associate Justice of the U.S. Supreme Court -- explored the limits and sources of law, as well as "the forces which determine its content and growth." This presentation is seen as laying down the gauntlet to legal scholars and judges in what would be known as the emerging "legal realism" movement. Later legal thinkers like Pound, Llewellyn and Douglas followed his lead, and that lead is seen most clearly in this essay. By the time of this pithy and accessible writing, Holmes had crystallized and clarified that conception of law which he had, in introducing his earlier book, described in the famous statement "the life of the law is not logic: it is experience." Taking that observation to the next level, this essay made it clear that judges make law, not simply finding it in books -- and they must draw on practical effects and ends in declaring legal rules, not simply reasoning from precedent. He does not hedge: it is a "fallacy" to think that "the only force at work in the development of the law is logic." More controversially, this essay makes a powerful distinction between law and morality. Law is more about what judges do, and how people react to that, than some lofty sense of ethics, he suggests. But is his figure of the "bad man" a hero or a cautionary tale? A realistic way to look at law and social control...or a precursor to Hitler and Stalin?
"The Elementary Forms of the Religious Life" is the classic and unabridged work on the sociology of religion by one of the founders of the modern science of sociology-now presented in a quality centennial edition. Look for the "modern" edition published by "Quid Pro," showing a "red" cover.] Emile Durkheim examines religion as a social phenomenon, across time and geographic boundaries. Some of the most elemental forms of social organization are analyzed, along with their religious beliefs and practices, to determine what is fundamental and shared by societies about religion and faith. By examining some of the most basic forms of religion, particularly in aboriginal Australia and native America, and using a creative sociological and anthropological approach, Durkheim discovered the core of what separates religion from ritual, mysticism, science, and mere magic-what makes the soul more than a spirit. He lays bare the notion that the "primitive" rite, or any religion, is mainly about fear. Part of the "Classics of the Social Sciences" Series from Quid Pro Books, this contemporary republication includes embedded page numbers from the standard print editions, for continuity of citations across print platforms and Quid Pro's eBook edition (also with the red cover). Standard pagination is a very useful feature for research, classwork, and group assignments. This work is simply part of the canon of its field (both in cultural anthropology and in the sociology of religion), and is presented by Quid Pro in contemporary paperback and eBook formats. It includes 2012 Notes of the Series Editor, Steven Alan Childress, Ph.D., J.D., a senior professor of law at Tulane University.
Dr. Woodrow Wilson's informative, clear, and organized study of the basic structure and sharing of powers and responsibilities among governmental units in the United States. Includes explanation from interesting history--why townships and not counties? why states and not departments?--while comparing other nations and other eras. Features original index and bibliography, and a new Foreword by Steven Alan Childress, J.D., Ph.D., a law professor at Tulane. Woodrow Wilson (1856-1924) was, famously, the 28th President of the United States, a wartime Commander-in-Chief, and winner of the 1919 Nobel Peace Prize. Before, he was president of Princeton University and the governor of New Jersey. Less famously, and earlier still, he was a practicing lawyer, an accomplished professor of political science and jurisprudence, and a prolific scholar and popular author. His books on civics, U.S. history, and presidential biography were used in classrooms for years. This book in particular, published in 1889, became the standard for government classes in several different countries, including the U.S., for several decades. It still resonates in recounting the early histories of townships, towns, counties, courts, and states, and their variant structures and pasts--and in taking local and state government seriously, while detailing its purposes and variations across the nation, and not just the more-studied federal government (though certainly the federal government and its executive are summarized as well, before he embodied that office). It remains an interesting read and a useful resource of a history of the first century of the U.S. and its constitutional framework, and an examination of the institutions and processes of government after Reconstruction and into the Progressive Era. The Constitution's structures and norms are set out, and the sharing of power with courts and other polities examined. It is a vivid and compelling snapshot of the United States as a federalist system of powerful and proud states and localities--at a time when they were perceived, even after a bloody war to preserve the federal Union, as independent and functional in their own realms, and not some convenient geographic subdivision of a singular nation. Accessible to students or fans of history and government at several levels. Presented in a modern and clear format with new typeface and clean presentation (while retaining the original section paragraph] numbering, for continuity of citations and syllabi); it is not just photocopied from the small-print 1889 edition, like previous republishings of this classic work. Part of the quality but affordable Legal Legends Series of Quid Pro Books.
(Illustrated: Contains extensive images and photographs, with scholarly explanations, including Holmes's handwritten notes in the margins of his book and the original admission ticket to his 1880 lectures.) Modern, accurate, and legible edition of the classic work by Oliver Wendell Holmes, Jr., analyzing the concept of rules and the development of common law in the United States and England over ten centuries. Presented in a clear and affordable format, yet with original pagination embedded to allow accurate citation or uniform references for classroom use. Includes photographs and rare images, Holmes's original Index, Preface and detailed Contents (features missing in many prior editions), and readable typeface. Holmes wrote this work from his famous 1880 series of lectures in Boston on the life of the law, the use of history, and the basics of torts, contracts, crime, and property law. Law, he wrote, is a response to the felt necessities of the time. And in the process he wrote a book that is considered timeless. This modern edition of the classic book features an explanatory introduction and biographical summary by Steven Alan Childress, J.D., Ph.D., a senior law professor at Tulane University.
Oliver Wendell Holmes, Jr. compiled this master work in 1881 from his famous lectures in Boston on the origins, reasoning, and import of the common law. "The life of the law has not been logic: it has been experience." It jump-started legal realism and established law as a pragmatic way to solve problems and make policy, not just a collection of rules. It has stood the test of time as one of the most important and influential studies of law and the development of legal rules. This book is interesting for a vast audience, and considered one of the most original books on U.S. law, for historians, students, political scientists, and those who follow the concept of rules. It is also a recommended read before law school. A new edition of Holmes' classic study of the judicial development of law. Includes 2010 Foreword by Steven Alan Childress, J.D., Ph.D., law professor at Tulane. Embeds correct footnote numbers and original page numbers for citing. Carefully reproduced from the original book but in a modern, readable format. Quid Pro's Legal Legends Series offers high-quality editions of legal scholarship, in print and digital formats. In addition, each book contains a scholar's new Foreword and biographical summary, to place the work in historical context and explain it to the reader.
Current important events in the U.S. legal profession and legal ethics, with up-to-the-minute research and rules, are explored by Tulane law students from an advanced ethics seminar of spring 2010 and several independent study papers. The collection is edited by Tulane legal ethics professor Steven Alan Childress, and he surveys the big stories of 2009-2010 in his Foreword. Purchase of this book benefits Tulane PILF, a nonprofit student group which funds public interest and indigent client representations throughout the country. Topics include social networking, "friending," and internet advertising (and very recent court decisions about these areas); ancillary businesses controlled by lawyers, particularly under the LMRDA as interpreted by the Obama administration; the Supreme Court's 2009 decision on judicial campaign finance, and its recent aftermath along with policies of judicial recusal and elections; and ethics and professionalism in settlement negotiations.
Warren and Brandeis's "The Right to Privacy," with 2010 Foreword by Steven Alan Childress, J.D., Ph.D., a senior law professor at Tulane University. Includes photos and rare news clippings. Part of the "Legal Legends Series" by Quid Pro Books. The most influential piece of legal scholarship, many scholars say, is this 1890 "Harvard Law Review" article by two Boston lawyers (one of whom later became a legendary Supreme Court Justice). Warren and Brandeis created -- by cleverly weaving strands of precedent, policy, and logic -- the legal concept of privacy and the power of legal protection for that right. Their clear and effective prose stands the test of time, and influenced such modern notions as "inviolate personality" and law's "elasticity." They saw the threat of new technology. Most of all, they asserted the fundamental "right to be let alone," and its implications to modern law are profound. Their privacy concept has grown over the decades, now raising issues about abortion, drug testing, surveillance, sexual orientation, free speech, the "right to die," and medical confidentiality. All these spinoffs trace their origins to this master work. It is simply one of the most significant parts of the modern canon of law, politics, and sociology. The extensive new Foreword by Professor Childress shares not only this import and effect, but also the fascinating backstory behind the article. Its origins are found in Warren's own prickly experiences with the press and the "paparazzi" of the day, famously after their reports about and photos of his family weddings. |
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