The American Legal System for Foreign Lawyers

The American Legal System for Foreign Lawyers

Author: Eldon Reiley

Publisher: Aspen Publishing

Published: 2011-12-29

Total Pages: 235

ISBN-13: 1454804505

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Peter T. Wendel has taught academic success workshops at over thirty-five law schools throughout the country. In Deconstructing Legal Analysis: A 1L Primer, he provides a variety of time-tested techniques-including a unique model for visualizing legal analysis-to teach students how to think like lawyers and take law school exams. Deconstructing Legal Analysis: A 1L Primer features: a unique, visual pedagogical method that illustrates a relational analysis of facts, rules, and public policy an interactive approach that consistently encourages students to write down their answers to carefully guided questions a great teaching case, Pierson v. Post, showing how a layperson reads a case as compared to how a lawyer would read the same case useful templates and methods for legal analysis and essay-exam writing, such as IRAC and IRRAC exam-taking tips and guidance that emphasize flexibility, rather than a formulaic approach If experience is the best teacher, then Deconstructing Legal Analysis is an essential for academic success in law school.


Deconstructing Legal Analysis

Deconstructing Legal Analysis

Author: Peter T. Wendel

Publisher:

Published: 2009-09-30

Total Pages: 228

ISBN-13:

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Peter T. Wendel has taught academic success workshops at over thirty-five law schools throughout the country. In Deconstructing Legal Analysis: A 1L Primer, he provides a variety of time-tested techniques-including a unique model for visualizing legal analysis-to teach students how to think like lawyers and take law school exams. Deconstructing Legal Analysis: A 1L Primer features: a unique, visual pedagogical method that illustrates a relational analysis of facts, rules, and public policy an interactive approach that consistently encourages students to write down their answers to carefully guided questions a great teaching case, Pierson v. Post, showing how a layperson reads a case as compared to how a lawyer would read the same case useful templates and methods for legal analysis and essay-exam writing, such as IRAC and IRRAC exam-taking tips and guidance that emphasize flexibility, rather than a formulaic approach If experience is the best teacher, then Deconstructing Legal Analysis is an essential for academic success in law school.


Deconstructing Dignity

Deconstructing Dignity

Author: Scott Cutler Shershow

Publisher: University of Chicago Press

Published: 2014-01-10

Total Pages: 228

ISBN-13: 022608826X

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The right-to-die debate has gone on for centuries, playing out most recently as a spectacle of protest surrounding figures such as Terry Schiavo. In Deconstructing Dignity, Scott Cutler Shershow offers a powerful new way of thinking about it philosophically. Focusing on the concepts of human dignity and the sanctity of life, he employs Derridean deconstruction to uncover self-contradictory and damaging assumptions that underlie both sides of the debate. Shershow examines texts from Cicero’s De Officiis to Kant’s Groundwork of the Metaphysics of Morals to court decisions and religious declarations. Through them he reveals how arguments both supporting and denying the right to die undermine their own unconditional concepts of human dignity and the sanctity of life with a hidden conditional logic, one often tied to practical economic concerns and the scarcity or unequal distribution of medical resources. He goes on to examine the exceptional case of self-sacrifice, closing with a vision of a society—one whose conditions we are far from meeting—in which the debate can finally be resolved. A sophisticated analysis of a heated topic, Deconstructing Dignity is also a masterful example of deconstructionist methods at work.


Derrida and Legal Philosophy

Derrida and Legal Philosophy

Author: Peter Goodrich

Publisher: Palgrave MacMillan

Published: 2008-10-02

Total Pages: 288

ISBN-13:

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From early in his career Jacques Derrida was intrigued by law. Over time, this fascination with law grew more manifest and he published a number of highly influential analyses of ethics, justice, violence and law. This book brings together leading scholars in a variety of disciplines to assess Derrida's importance for and impact upon legal studies.


Deconstructing History

Deconstructing History

Author: Alun Munslow

Publisher: Routledge

Published: 2006-04-18

Total Pages: 257

ISBN-13: 1134165668

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Munslow examines history in the postmodern age. He provides an introduction to the debates and issues of postmodernist history. He also surveys the latest research into the relationship between the past, history and historical practice.


Macroprudential Banking Supervision & Monetary Policy

Macroprudential Banking Supervision & Monetary Policy

Author: Luca Amorello

Publisher: Springer

Published: 2018-08-27

Total Pages: 413

ISBN-13: 3319941569

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The European experience suggests that the efforts made to achieve an efficient trade-off between monetary policy and prudential supervision ultimately failed. The severity of the global crisis have pushed central banks to explore innovative tools—within or beyond their statutory constraints—capable of restoring the smooth functioning of the financial cycle, including setting macroprudential policy instruments in the regulatory toolkit. But macroprudential and monetary policies, by sharing multiple transmission channels, may interact—and conflict—with each other. Such conflicts may represent not only an economic challenge in the pursuit of price and financial stability, but also a legal uncertainty characterizing the regulatory developments of the EU macroprudential and monetary frameworks. In analyzing the “legal interaction” between the two frameworks in the EU, this book seeks to provide evidence of the inconsistencies associated with the structural separation of macroprudential and monetary frameworks, shedding light upon the legal instruments that could reconcile any potential policy inconsistency.


Decoding Gender

Decoding Gender

Author: Helga Baitenmann

Publisher: Rutgers University Press

Published: 2007-06-22

Total Pages: 294

ISBN-13: 081354159X

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Gender discrimination pervades nearly all legal institutions and practices in Latin America. The deeper question is how this shapes broader relations of power. By examining the relationship between law and gender as it manifests itself in the Mexican legal system, the thirteen essays in this volume show how law is produced by, but also perpetuates, unequal power relations. At the same time, however, authors show how law is often malleable and can provide spaces for negotiation and redress. The contributors (including political scientists, sociologists, geographers, anthropologists, and economists) explore these issues-not only in courts, police stations, and prisons, but also in rural organizations, indigenous communities, and families. By bringing new interdisciplinary perspectives to issues such as the quality of citizenship and the rule of law in present-day Mexico, this book raises important issues for research on the relationship between law and gender more widely.


The Juridical Unconscious

The Juridical Unconscious

Author: Shoshana Felman

Publisher: Harvard University Press

Published: 2002-11-30

Total Pages: 229

ISBN-13: 0674971302

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Death, wrote Walter Benjamin, lends storytellers all their authority. How do trials, in turn, borrow their authority from death? This book offers a groundbreaking account of the surprising interaction between trauma and justice. Moving from texts by Arendt, Benjamin, Freud, Zola, and Tolstoy to the Dreyfus and Nuremberg trials, as well as the trials of O. J. Simpson and Adolf Eichmann, Shoshana Felman argues that the adjudication of collective traumas in the twentieth century transformed both culture and law. This transformation took place through legal cases that put history itself on trial, and that provided a stage for the expression of the persecuted--the historically "expressionless." Examining legal events that tried to repair the crimes and injuries of history, Felman reveals the "juridical unconscious" of trials and brilliantly shows how this juridical unconscious is bound up with the logic of the trauma that a trial attempts to articulate and contain but so often reenacts and repeats. Her book gives the drama of the law a new jurisprudential dimension and reveals the relation between law and literature in a new light.


Transnational Narratives and Regulation of GMO Risks

Transnational Narratives and Regulation of GMO Risks

Author: Giulia Claudia Leonelli

Publisher: Bloomsbury Publishing

Published: 2021-11-04

Total Pages: 353

ISBN-13: 1509937390

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This book provides an innovative insight into the regulatory conundrum of genetically modified organisms (GMOs), deploying transnational legal analysis as a methodological framework to explore the most controversial area of risk governance. The book deconstructs hegemonic and counter-hegemonic transnational narratives on the governance of GMO risks, cutting across US law, EU law, the WTO Agreement on Sanitary and Phytosanitary Measures, and hybrid standard-setting regimes. Should uncertain risks be run unless adverse effects have been conclusively established, and should regulators only act where this is cost-benefit effective? Should risk managers make a convincing case that a product or process is safe enough for the relevant uncertain risks to be socially acceptable? How can intractable transnational regulatory conflicts be solved? The book complements a close analysis of regulatory frameworks and case law with a more encompassing perspective on the political, socio-economic and distributional implications of different approaches to the regulation of health and environmental risks at times of globalisation. The GMO deadlock thus becomes a lens through which to investigate the underlying value systems, goals, and impacts of transnational discourses on risk governance. Against this backdrop, the normative strand of analysis points to the limited ability of science and procedural deliberation to generate authentic agreement and to identify normatively legitimate solutions, in the absence of pre-existing shared perspectives.


The Present Politics of the Past

The Present Politics of the Past

Author: Seán Patrick Eudaily

Publisher: Routledge

Published: 2004-10-29

Total Pages: 245

ISBN-13: 1135931518

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Each phrase in the title of this work gives a clue as to its purpose and agenda. "Thepresent politics of the past" refers to the conditions that have arisen in the recent politicsof advanced liberal states with indigenous populations (such as the U.S., Canada,Aotearoa/New Zealand, and Australia) where "the past" is an issue or even at stake incontemporary struggles.