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Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were seen as lowering the status of humans, furthering our distance from the gods or God and moving us toward the animals. In the current era, when we recognize ourselves and both humans and animals, sexual depiction has lost some of its sting. Its degrading role has been replaced by hate speech that distances groups,...
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What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test?
Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the...
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La primera edición de Teoría pura del derecho (1934) constituye una exposición sintética y rigurosa de la concepción teórico-jurídica de Hans Kelsen. En ella se presenta una teoría general del derecho «depurada» de toda «contaminación» extrajurídica proveniente de las ciencias empíricas y de las ideologías. El método que la «teoría pura del derecho» proclama como idóneo es el método positivista, normativista y formalista, y su...
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Asked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, "A republic, if you can keep it."
Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America's survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent-illogical and...
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Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks...
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Tort law regulates most human activities: from driving a car to using consumer products to providing or receiving medical care. Injuries caused by dog bites, slips and falls, fender benders, bridge collapses, adverse reactions to a medication, bar fights, oil spills, and more all implicate the law of torts. The rules and procedures by which tort cases are resolved engage deeply-held intuitions about justice, causation, intentionality, and the obligations...
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Identifies and evaluates the psychological choices implicit in the rules of evidence
Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they...
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To a lawyer, injustice is the unfair conduct of a trial. This book looks into several notorious cases of supposed injustice, Socrates, Joan of Arc, Charles I, Admiral Byng, Lord Haw-Haw, and the Nuremberg Trials. It looks for answers to the legal question 'was the trial fair?', and the humane question 'was the accused guilty or innocent?'.
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Winner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice Sciences
A major statement on the juvenile justice system by one of America's leading experts
The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system's...
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Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women's interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women's legal agency and how women, both historically and currently, use law to obtain individual...
11) Please don't wish me a merry Christmas: a critical history of the separation of church and state
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Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity.
Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state...
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An essential resource for understanding the complex history of Mexican Americans and racial classification in the United States
Manifest Destinies tells the story of the original Mexican Americans-the people living in northern Mexico in 1846 during the onset of the Mexican American War. The war abruptly came to an end two years later, and 115,000 Mexicans became American citizens overnight. Yet their status as full-fledged Americans was tenuous...
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A historical and legal examination of the conflict and interplay between settler and indigenous laws in the New World
As British and Iberian empires expanded across the New World, differing notions of justice and legality played out against one another as settlers and indigenous people sought to negotiate their relationship. In order for settlers and natives to learn from, maneuver, resist, or accommodate each other, they had to grasp something of...
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Modern Protestant debates about spousal relations and the meaning of marriage began in a forgotten international dispute some 300 years ago. The Lutheran-Pietist ideal of marriage as friendship and mutual pursuit of holiness battled with the idea that submission defined spousal roles.
Exploiting material culture artifacts, broadsides, hymns, sermons, private correspondence, and legal cases on three continents - Europe, Asia, and North America - A....
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As our nation's most beloved and recognizable president, Abraham Lincoln is best known for the Emancipation Proclamation and for guiding our country through the Civil War. But before he took the oath of office, Lincoln practiced law for nearly twenty-five years in the Illinois courts. Abraham Lincoln, Esq.: The Legal Career of America's Greatest President examines Lincoln's law practice and the effect it had on his presidency and the country.
Editors...
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"In Stories from Trailblazing Women Lawyers, legal historian Jill Norgren curates the oral histories of one hundred extraordinary American women lawyers who changed the profession of law. Many of these stories are being told for the first time. As adults these women were on the front lines fighting for access to law schools and good legal careers. They challenged established rules and broke the law's glass ceiling. Norgren uses these interviews to...
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Voted by her peers as one of the best lawyers in America, and described by Time magazine as "one of the nation's most effective advocates of family rights and feminist causes," Allred has devoted her career to fighting for civil rights and has won hundreds of millions of dollars for victims of abuse. She has taken on countless institutions to promote equality, including the Boy Scouts, the Friars Club, and the United States Senate. And as the attorney...
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This rich and rewarding volume collects more than two dozen of the most memorable opening and closing arguments made by top prosecutors and defense attorneys of the last one hundred years. Carefully selected to explore every major aspect and challenge of the legal process, these speeches highlight the tactics and strategies, colorful language, and stirring rhetoric that lawyers use to win judge and jury to their side. With a shrewd eye for courtroom...
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In 1882, Elmer Palmer was convicted of poisoning his grandfather Francis in rural northern New York State. In a famous decision in 1889, the New York Court of Appeals denied Elmer the right to inherit from Francis, even though the statute governing wills seemed to entitle him to the legacy. Twentieth-century commentators have treated Riggs v. Palmer as a model of the judicial craft and a key to understanding the nature of law itself; however, the...
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