Reading Law

The Interpretation of Legal Texts

Author: Antonin Scalia,Bryan A. Garner

Publisher: West Group

ISBN: 9780314275554

Category: Law

Page: 567

View: 1116

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In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Garner on Language and Writing

Selected Essays and Speeches of Bryan A. Garner

Author: Bryan A. Garner

Publisher: Amer Bar Assn

ISBN: N.A

Category: Law

Page: 839

View: 550

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Presents a collection of essays on such topics as style, persuasion, contractural and legislative drafting, writing in law practice, and judicial writing.

Legal Writing in Plain English, Second Edition

A Text with Exercises

Author: Bryan A. Garner

Publisher: University of Chicago Press

ISBN: 022603139X

Category: Law

Page: 256

View: 6310

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Admirably clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. Since 2001 Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. Now the leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching experience. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward.

Mein Kampf

Author: Adolf Hitler

Publisher: Createspace Independent Publishing Platform

ISBN: 9781983638206

Category:

Page: 822

View: 2923

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Published in the German language, this is the infamous Main Kampf, by Adolf Hitler.

The Judge

26 Machiavellian Lessons

Author: Ronald K.L. Collins,David M. Skover

Publisher: Oxford University Press

ISBN: 0190490160

Category: Political Science

Page: 144

View: 4084

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There is no book of political strategy more canonical than Niccolò Machiavelli's The Prince, but few ethicists would advise policymakers to treat it as a bible. The lofty ideals of the law, especially, seem distant from the values that the word "Machiavellian" connotes, and judges are supposed to work above the realm of politics. In The Judge, however, Ronald Collins and David Skover argue that Machiavelli can indeed speak to judges, and model their book after The Prince. As it turns out, the number of people who think that judges in the U.S. are apolitical has been shrinking for decades. Both liberals and conservatives routinely criticize their ideological opponents on the bench for acting politically. Some authorities even posit the impossibility of apolitical judges, and indeed, in many states, judicial elections are partisan. Others advocate appointing judges who are committed to being dispassionate referees adhering to the letter of the law. However, most legal experts, regardless of their leanings, seem to agree that despite widespread popular support for the ideal of the apolitical judge, this ideal is mere fantasy. This debate about judges and politics has been a perennial in American history, but it intensified in the 1980s, when the Reagan administration sought to place originalists in the Supreme Court. It has not let up since. Ronald Collins and David Skover argue that the debate has become both stale and circular, and instead tackle the issue in a boldly imaginative way. In The Judge, they ask us to assume that judges are political, and that they need advice on how to be effective political actors. Their twenty-six chapters track the structure of The Prince, and each provides pointers to judges on how to cleverly and subtly advance their political goals. In this Machiavellian vision, law is inseparable from realpolitik. However, the authors' point isn't to advocate for this coldly realistic vision of judging. Their ultimate goal is identify both legal realists and originalists as what they are: explicitly political (though on opposite ends of the ideological spectrum). Taking its cues from Machiavelli, The Judge describes what judges actually do, not what they ought to do.

Handbook on the Law of Judicial Precedents: Or, the Science of Case Law

Author: Henry Campbell Black

Publisher: Wentworth Press

ISBN: 9780270459043

Category: History

Page: 828

View: 2570

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Garner's Modern English Usage

Author: Bryan Garner

Publisher: Oxford University Press

ISBN: 0190491485

Category:

Page: 1120

View: 5312

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Bryan Garner is the most trusted living usage expert of our day, and Garner's Modern English Usage is the preeminent guide to the effective use of the English language. With well over 6,000 entries on English grammar, syntax, word choice, punctuation, capitalization, spelling, and style, thisbook is adored by professional writers and general readers alike. In this major update to a timeless classic, Bryan Garner has dramatically expanded coverage of international English usage, making the volume for the first time a guide not only to American English usage, but to English usage aroundthe globe. Interest in the English language is greater than ever; English is the lingua franca not only of higher education and academia, but of science, business, computing, aviation, and even - arguably - entertainment. An awareness of global English matters today as never before. To ensure that BryanGarner's clear, unambiguous advice resonates with English-speakers worldwide, more than 2,000 entries have been revised to account for the nuances of English not only in the United States, but in Australia and New Zealand, the United Kingdom, Canada, and South Africa. Not everything has changed: readers will still find the popular "Garner's Language-Change Index" which registers where each disputed usage in modern English falls on a five-stage continuum from non-acceptability (to the language community as a whole) to acceptability, giving the book a consistentstandard throughout. Bryan Garner's tools for scientific accuracy are, however, fully updated: this fourth edition benefits from usage data generated by Google Ngrams, which charts frequencies of any word or short sentence in sources printed after 1800. With thousands of concise entries, longer essays on problematic areas such as subject-verb agreement and danglers, and meticulous citations of the New York Times, Newsweek, and other leading journalistic sources, this fourth edition of Garner's Modern English Usage provides priceless referenceinformation to anyone hoping to improve as a writer - worldwide.

Der Report der Magd

Roman

Author: Margaret Atwood

Publisher: Piper ebooks

ISBN: 3492970591

Category: Fiction

Page: 400

View: 2007

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Die provozierende Vision eines totalitären Staats, in dem Frauen keine Rechte haben: Die Dienerin Desfred besitzt etwas, was ihr alle Machthaber, Wächter und Spione nicht nehmen können, nämlich ihre Hoffnung auf ein Entkommen, auf Liebe, auf Leben ... Margaret Atwoods »Report der Magd« wurde zum Kultbuch einer ganzen Generation und von Volker Schlöndorff unter dem Titel »Die Geschichte der Dienerin« verfilmt.

Eine kurze Geschichte der Menschheit

Author: Yuval Noah Harari

Publisher: DVA

ISBN: 364110498X

Category: History

Page: 528

View: 8995

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Krone der Schöpfung? Vor 100 000 Jahren war der Homo sapiens noch ein unbedeutendes Tier, das unauffällig in einem abgelegenen Winkel des afrikanischen Kontinents lebte. Unsere Vorfahren teilten sich den Planeten mit mindestens fünf weiteren menschlichen Spezies, und die Rolle, die sie im Ökosystem spielten, war nicht größer als die von Gorillas, Libellen oder Quallen. Vor 70 000 Jahren dann vollzog sich ein mysteriöser und rascher Wandel mit dem Homo sapiens, und es war vor allem die Beschaffenheit seines Gehirns, die ihn zum Herren des Planeten und zum Schrecken des Ökosystems werden ließ. Bis heute hat sich diese Vorherrschaft stetig zugespitzt: Der Mensch hat die Fähigkeit zu schöpferischem und zu zerstörerischem Handeln wie kein anderes Lebewesen. Anschaulich, unterhaltsam und stellenweise hochkomisch zeichnet Yuval Harari die Geschichte des Menschen nach und zeigt alle großen, aber auch alle ambivalenten Momente unserer Menschwerdung.

Bleakhaus

Author: Charles Dickens

Publisher: e-artnow

ISBN: 8026880013

Category: Fiction

Page: 950

View: 7525

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Dieses eBook: "Bleakhaus" ist mit einem detaillierten und dynamischen Inhaltsverzeichnis versehen und wurde sorgfältig korrekturgelesen. Esther Summerson wächst als Kind bei Miss Barbery auf, ohne zu wissen, dass diese ihre Tante ist oder wer ihre Eltern sind; sie erfährt nur, dass ihre Mutter große Schande über sich gebracht habe. Nach dem Tod ihrer Tante wird Esther von John Jarndyce aufgenommen, einem reichen und wohltätigen Mitglied der Oberschicht, der einer der Beteiligten an dem erwähnten Erbschaftsstreit Jarndyce gegen Jarndyce ist. Sie arbeitet dort als Haushälterin von Bleak House sowie als Gesellschafterin von Ada Clare und deren entfernten Cousin Richard Carstone, zwei weiteren Beteiligten im Rechtsstreit um das Erbe im Jarndyce-Fall, die John Jarndyce als Vormund in Bleak House aufnimmt. Charles Dickens (1812-1870) war ein englischer Schriftsteller.

A Matter of Interpretation: Federal Courts and the Law

Federal Courts and the Law

Author: Antonin Scalia

Publisher: Princeton University Press

ISBN: 9781400822171

Category: Law

Page: 176

View: 9758

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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.

A Handbook of Business Law Terms

Author: Bryan A. Garner,David W. Schultz

Publisher: West Legalworks

ISBN: N.A

Category: Business & Economics

Page: 637

View: 9466

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Created by the Legal Education Group in the tradition of the worlds widely cited and best-selling legal reference, "Blacks Law Dictionary." The second book in a new series, this handbook includes accurate, clear definitions to more than 3,000 business law key words and phrases.

The Winning Oral Argument

Enduring Principles with Supporting Comments from the Literature

Author: Bryan A. Garner

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 262

View: 9511

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In this eminently browsable book, Bryan A. Garner has collected and arranged the most important, interesting, and penetrating statements from judges and lawyers about how to conduct an oral argument. Each didactic principle is stated, briefly explained, and then illustrated with quotations from a dazzling array of sources, ancient and modern. Novices and veterans alike will find helpful advice in these pages, which systematically explain the subtleties of the art more lucidly than any previous work has done.

Guidelines for Drafting and Editing Legislation

Author: Bryan A. Garner

Publisher: Rosepen Books

ISBN: 9780997977004

Category: Education

Page: 230

View: 1142

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This new Garner title consolidates into one set of covers all the best advice on legislative drafting. Garner elucidates his blackletter principles with statutory rewrites from all 50 states as well as from federal statutes. He demonstrates how legislation can be streamlined, simplified, and clarified. The exmaples show stunning improvements. Commissioned by the Uniform Law Commission, Garner's work here represents another in his string of first-rate reference books. No legislative drafter should be without it. In the back of the book are two model statutes plus a typically poor statute annotated to explain its deficiencies. Also included is a groundbreaking essay on the optimal method for expressing criminal prohibitions. Throughout the book appear shaded boxes containing timeless quotations from leading commentators on legislative drafting from the 18th century to the present day. Together the the book's extensive bibliography, these quotations place Garner's principles into a historical context. They also underscore the degree to which legislative drafters have neglected many long-standing principles of legal drafting. The foreward by Harriet Lansing, president of the Uniform Law Commission, says of Garner's work: "With these Guidelines--with his earlier booklet on court rules--Bryan Garner has made an incomparable contribution to clarity and coherence in the halls of our legislatures, the pages of our statute books, and the everyday world of all people as we try to plan our lives and predict legal consequences."

A Handbook of Basic Law Terms

Author: Bryan A. Garner

Publisher: West Legalworks

ISBN: 9780314233820

Category: Law

Page: 271

View: 2088

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The Legal Education Group is proud to announce the creation of a new series built on the tradition of excellence of the world's most widely cited and best-selling legal reference, Black's Law Dictionary. The first book in this new series, A Handbook of Basic Law Terms, includes more than 1,000 key words and phrases with accurate and clear definitions. The Handbook is an essential guide to legal literacy for students, business people, journalists, politicians-anyone who wants to be an informed citizen. The Handbook also includes the full U.S. Constitution and a list of basic law books for easy reference.

Scalia

A Court of One

Author: Bruce Allen Murphy

Publisher: Simon and Schuster

ISBN: 1451611463

Category: Biography & Autobiography

Page: 656

View: 991

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“[Murphy’s] biography of Justice Scalia is patient and thorough, alive both intellectually and morally….Functions as an MRI scan of one of the most influential conservative thinkers of the twentieth century.” (The New York Times): An authoritative, incisive and deeply researched book about of the most controversial Supreme Court justice of our time. Scalia: A Court of One is the compelling story of one of the most polarizing figures to serve on the nation’s highest court. Bruce Allen Murphy shows how Scalia changed the legal landscape through his controversial theories of textualism and originalism, interpreting the meaning of the Constitution’s words as he claimed they were understood during the nation’s Founding period. But Scalia’s judicial conservatism is informed as much by his highly traditional Catholicism and political partisanship as by his reading of the Constitution; his opinionated speeches, contentious public appearances, and newsworthy interviews have made him a lightning rod for controversy. Scalia is “an intellectual biography of one of [the Supreme Court’s] most colorful members” (Chicago Tribune), combined with an insightful analysis of the Supreme Court and its influence on American life over the past quarter century. Scalia began his career practicing law in Cleveland, Ohio, and rose to become the president’s lawyer as the head of the Office of Legal Counsel for President Gerald R. Ford. His sterling academic and legal credentials led to his nomination by President Ronald Reagan to the Court of Appeals for the DC Circuit in 1982. In 1986, he successfully outmaneuvered the more senior Robert Bork to be appointed to the Supreme Court. Scalia’s evident legal brilliance, ambition and personal magnetism led everyone to predict he would unite a new conservative majority under Chief Justice William Rehnquist and change American law in the process. Instead he became a Court of One. Rather than bringing the conservatives together, Scalia drove them apart. He attacked and alienated his more moderate colleagues Sandra Day O’Connor, David Souter, and Anthony Kennedy. Scalia prevented the conservative majority from coalescing for nearly two decades.

Der ehrliche Dieb

Commissario Montalbano hat ein Herz für kleine Sünder

Author: Andrea Camilleri

Publisher: BASTEI LÜBBE

ISBN: 3732518132

Category: Fiction

Page: 300

View: 8280

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Ein Duell auf hoher See mit rätselhaftem Motiv. Ein Eifersuchtsdrama, in dem ein Aprikosenkern eine besondere Rolle spielt. Eine Serie von Diebstählen, bei denen der Täter einen Teil der Beute zurücklässt. Schon bei der Lösung seiner ersten Fälle zeigt sich Commissario Montalbanos unbestechlicher Blick für das allerkleinste, noch so unwichtig erscheinende Detail - immer um die Wahrheit bemüht, mit viel Herz für die Nöte kleiner Sünder, gesegnetem Appetit auf mediterrane Köstlichkeiten und stets auf der Suche nach Zeit für seine Verlobte Livia.

The Language of Law

Author: Andrei Marmor

Publisher: OUP Oxford

ISBN: 0191023957

Category: Law

Page: 200

View: 4440

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The close connection between philosophy of language and philosophy of law has been recognized for decades through the work of many influential legal philosophers. This volume brings recent advances in philosophy of language to bear on contemporary debates about the nature of law and legal interpretation. The book builds on recent work in pragmatics and speech-act theory to explain how, and to what extent, legal content is determined by linguistic considerations. At the same time, the analysis shows that some of the unique features of communication in the legal domain - in particular, its strategic nature - can be employed to put pressure on certain assumptions in philosophy of language. This enables a more nuanced picture of how semantic and pragmatic determinants of communication work in complex and large-scale systems such as law. Chapters build on explanations of key elements of statutory language, such as the distinction between what is said and what is implicated, the possibility of ascribing truth-values to legal prescriptions and the structure of legal inferences, the various forms of vagueness in the law, the distinctions between vagueness, ambiguity, and polysemy in legal language, and the distinction between concept and conceptions, mostly in the context of constitutional interpretation. The book demonstrates that paying close attention to the kind of speech acts legal directives are, and how they determine the content of the law, enables a better understanding of the boundaries between normative and linguistic determinants of legal content.