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Deciding to be Legal

Author: Jacqueline Maria Hagan

Publisher: Temple University Press

Published: 1994

Total Pages: 226

ISBN-13: 9781566392570

To study the settlement process of undocumented migrants, Jacqueline Hagan examines one of Houston's Maya communities, the approximately 900 Maya from a township in the Department of Totonicapan, Guatemala. She traces this Maya community from its genesis in 1978, when a few men left the township in search of economic opportunity, to the complex effects of the 1986 Immigration Reform and Control Act (IRCA). Based on several years of living and participating in the Totonicapan Maya community in Houston and a visit to the Guatemalan home community, Hagan's research combines interviews, community participation, and observation to evaluate immigration policy. Hagan shows that these immigrants do not passively accept U.S. immigration policy, but instead interpret it and base their actions on their own agenda within the context of their local community. The results, often quite unexpected by national policy makers, question popular myths about the settlement of immigrant communities. The author discusses the different settlement experiences of men and women and the effects of IRCA on family and community structure. Analyzing how legal status influences settlement behavior and international networks, she finds that strong community-based networks and social ties with a home community lead to successful adaptation. Author note: Jacqueline Maria Hagan is Assistant Professor of Sociology at the University of Houston.

Lawyers in Practice

Author: Leslie C. Levin

Publisher: University of Chicago Press

Published: 2012-03-30

Total Pages: 401

ISBN-13: 0226475158

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How do lawyers resolve ethical dilemmas in the everyday context of their practice? What are the issues that commonly arise, and how do lawyers determine the best ways to resolve them? Until recently, efforts to answer these questions have focused primarily on rules and legal doctrine rather than the real-life situations lawyers face in legal practice. The first book to present empirical research on ethical decision making in a variety of practice contexts, including corporate litigation, securities, immigration, and divorce law, Lawyers in Practice fills a substantial gap in the existing literature. Following an introduction emphasizing the increasing importance of understanding context in the legal profession, contributions focus on ethical dilemmas ranging from relatively narrow ethical issues to broader problems of professionalism, including the prosecutor’s obligation to disclose evidence, the management of conflicts of interest, and loyalty to clients and the court. Each chapter details the resolution of a dilemma from the practitioner’s point of view that is, in turn, set within a particular community of practice. Timely and practical, this book should be required reading for law students as well as students and scholars of law and society.

The Judicial Decision

Author: Richard A. Wasserstrom

Publisher:

Published: 1961

Total Pages: 212

ISBN-13: 9780804700375

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The Theory of Judicial Decision

Author: Roscoe Pound

Publisher:

Published: 1923

Total Pages: 76

ISBN-13:

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Law as a Means to an End

Author: Brian Z. Tamanaha

Publisher: Cambridge University Press

Published: 2006-10-02

Total Pages: 238

ISBN-13: 1139459228

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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.

What Roe V. Wade Should Have Said

Author: Jack M. Balkin

Publisher: NYU Press

Published: 2023-01-17

Total Pages: 338

ISBN-13: 1479824488

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A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

Hermeneutics

Author: Jens Zimmermann

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 177

ISBN-13: 0199685355

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This short introduction to hermeneutics demonstrates the central role of interpretation in our daily lives. By considering the historic developments in hermeneutic theory as well as its contemporary relevance, Zimmermann explains how humans continue to draw knowledge from the world around them.