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This volume demonstrates the pivotal role of law in American life. The chapters focus on the legal history of Indian tribes slavery, property rights, the relationship of law to entrepreneurial activity, crimes and punishments, domestic relations, civil injuries and tort law, as well as legal education and the legal profession.
Law --- History --- LAW / Legal History. --- History. --- Law / legal history. --- United States --- History and criticism --- Law - United States - History
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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.
Rule of law --- Law --- Legal positivism --- Instrumentalism (Philosophy) --- History --- Philosophy --- Legal instrumentalism --- Legal positivism. --- Pragmatism --- Legal neopositivism --- Neopositivism in law --- Jurisprudence --- Positivism --- Supremacy of law --- Administrative law --- Constitutional law --- History. --- Philosophy. --- General and Others --- Rule of law - United States - History --- Law - United States - Philosophy
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Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.
Balance of power --- -International law --- -Law of nations --- Nations, Law of --- Public international law --- Law --- Power, Balance of --- Power politics --- International relations --- Political realism --- History --- United States --- Foreign relations. --- International law --- History. --- Droit international --- Equilibre des puissances --- Histoire --- Etats-Unis --- Foreign relations --- Relations extérieures --- Law of nations --- General and Others --- International law - History. --- International law - United States - History. --- Balance of power - History.
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A timely, authoritative discussion of an important clinical topic, this useful book outlines the history, function, nature and requirements of informed consent, focusing on patient autonomy as central to the concept. Primarily a philosophical analysis, the book also covers legal aspects, with chapters on disclosure, comprehension, and competence.
Informed consent (Medical law) --- Consent (Law) --- Declaration of intention --- Justification (Law) --- Consent, Informed --- Consent to treatment --- Disclosure, Medical --- Medical disclosure --- Treatment, Consent to --- Medical ethics --- Medical personnel --- Patient education --- Involuntary treatment --- Patient refusal of treatment --- History. --- Malpractice --- Informed consent (Medical law) - United States - History
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From the historic launch of the organization by such luminaries as Elihu Root and Charles Evans Hughes, to the recent era when international law is more and more in the public realm, Kirgis’s book traces the evolution of the organization and its relationship to events in the United States and around the world. As he says in the preface: '...In the end, the reader will have to make his/her own judgment about how well the Society has run the course it set out for itself in 1906. I hope this book will provide a basis for that judgment. And of course no judgment at this stage can be final. The American Society of International Law will carry on into its second century with new and continuing programs that take into account what it has done in its first one hundred years. It will continue to do its best to demonstrate not only what international law is or should be, but also that, in the words of former ASIL President Louis Henkin, international law matters.'
Internationaal recht. --- International law --- International relations and culture --- Culture and international relations --- Culture --- Law of nations --- Nations, Law of --- Public international law --- Law --- History. --- American Society of International Law --- Sociedad Americana de Derecho Internacional --- ASIL (American Society of International Law) --- Geschichte --- History --- International law - United States - History --- International relations and culture - United States - History
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America's prison-based system of punishment has not always enjoyed the widespread political and moral legitimacy it has today. In this groundbreaking reinterpretation of penal history, Rebecca McLennan covers the periods of deep instability, popular protest, and political crisis that characterized early American prisons. She details the debates surrounding prison reform, including the limits of state power, the influence of market forces, the role of unfree labor, and the 'just deserts' of wrongdoers. McLennan also explores the system that existed between the War of 1812 and the Civil War, where private companies relied on prisoners for labor. Finally, she discusses the rehabilitation model that has primarily characterized the penal system in the twentieth century. Unearthing fresh evidence from prison and state archives, McLennan shows how, in each of three distinct periods of crisis, widespread dissent culminated in the dismantling of old systems of imprisonment.
Protest movements --- Convict labor --- Imprisonment --- Punishment --- Criminal law --- Labor movement --- History --- United States --- Politics and government --- History. --- Politics and government. --- Arts and Humanities --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Confinement --- Incarceration --- Corrections --- Detention of persons --- Prison-industrial complex --- Prisons --- School-to-prison pipeline --- Lease system --- Prison labor --- Forced labor --- Prisoners --- Social movements --- Law and legislation --- Legal status, laws, etc. --- Protest movements - United States - History --- Convict labor - United States - History --- Imprisonment - United States - History --- Punishment - United States - History --- Criminal law - United States - History --- Labor movement - United States - History --- United States - Politics and government
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This book analyzes the culture within the San Francisco law firm of Gladstein, Andersen, and Leonard (circa 1945-1965). The partners were harassed by the FBI primarily for defending labor union members and leaders, given the FBI's interest in controlling the Communist Party.
Anti-communist movements -- United States -- History -- 20th century. --- Blacklisting, Labor -- United States -- History -- 20th century. --- Law -- United States -- History -- 20th century. --- Lawyers -- Political activity -- United States -- History -- 20th century. --- Left-wing extremists -- Legal status, laws, etc. -- United States -- History -- 20th century. --- Legal services -- United States -- History -- 20th century. --- Political crimes and offenses -- United States -- History -- 20th century. --- Political persecution -- United States -- History -- 20th century. --- Law --- Anti-communist movements --- Lawyers --- Political crimes and offenses --- Legal services --- Political persecution --- Left-wing extremists --- Blacklisting, Labor --- History --- Political activity --- Legal status, laws, etc --- Gladstein, Andersen & Leonard (Law firm)
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In the late nineteenth century a new form of capitalism emerged in Great Britain and the United States. Before the revolutions in communication and transportation, the owners of firms managed the processes of production, distribution, transportation and communication personally. By the end of the century, however, technological innovation and mass markets fostered the development of large-scale corporate structures, leading to a separation between owners and operators. In this new form of capitalist enterprise managers were increasingly the principal decision makers. This economic transformation spawned social and political tensions which compelled the public and policy makers to decide upon an appropriate response to big business. A primary focus of public discourse was antitrust. This book explores the development of big business and the antitrust response in a comparative context.
Trade regulation --- Trusts, Industrial --- Antitrust law --- History. --- History of the United Kingdom and Ireland --- History of North America --- History of the law --- Foreign trade policy --- Economic law --- anno 1800-1999 --- United States --- Great Britain --- 347 <09> --- -Antitrust law --- -Trade regulation --- -Trusts, Industrial --- -Combinations, Industrial --- Combinations in restraint of trade --- Commercial corners --- Commercial trusts --- Corners, Commercial --- Economic concentration --- Industrial combinations --- Industrial groupings --- Industrial trusts --- Big business --- Capital --- Economics --- Cartels --- Competition --- Consolidation and merger of corporations --- Corporations --- Holding companies --- Monopolies --- Restraint of trade --- Regulation of trade --- Regulatory reform --- Commercial law --- Consumer protection --- Deregulation --- Anti-trust law --- Competition law --- 347 <09> Burgerlijk recht. Privaatrecht--Geschiedenis van ... --- Burgerlijk recht. Privaatrecht--Geschiedenis van ... --- History --- Law and legislation --- Law --- Combinations, Industrial --- Burgerlijk recht. Privaatrecht--Geschiedenis van .. --- Burgerlijk recht. Privaatrecht--Geschiedenis van . --- Business, Economy and Management --- Trade regulation - Great Britain - History. --- Trade regulation - United States - History. --- Trusts, Industrial - Great Britain - History. --- Trusts, Industrial - United States - History. --- Antitrust law - Great Britain - History. --- Antitrust law - United States - History. --- Burgerlijk recht. Privaatrecht--Geschiedenis van --- United States of America
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The international spread of antitrust suggested the historical process shaping global capitalism. By the 1930s, Americans feared that big business exceeded the government's capacity to impose accountability, engendering the most aggressive antitrust campaign in history. Meanwhile, big business had emerged to varying degrees in liberal Britain, Australia and France, Nazi Germany, and militarist Japan. These same nations nonetheless expressly rejected American-style antitrust as unsuited to their cultures and institutions. After World War II, however, governments in these nations - as well as the European Community - adopted workable antitrust regimes. By the millennium antitrust was instrumental to the clash between state sovereignty and globalization. What ideological and institutional factors explain the global change from opposing to supporting antitrust? Addressing this question, this book throws new light on the struggle over liberal capitalism during the Great Depression and World War II, the postwar Allied occupations of Japan and Germany, the reaction against American big-business hegemony during the Cold War, and the clash over globalization and the WTO.
Antitrust law --- -Antitrust law --- -Capitalism --- -Free enterprise --- -AA / International- internationaal --- US / United States of America - USA - Verenigde Staten - Etats Unis --- JP / Japan - Japon --- DE / Germany - Duitsland - Allemagne --- AU / Australia - Australië - Australie --- EEC / European Union - EU -Europese Unie - Union Européenne - UE --- 338.50 --- 338.45 --- 338.313 --- economie (internationaal) --- kapitalisme --- Anti-trust law --- Competition --- Competition law --- Trusts, Industrial --- Market economy --- Free markets --- Laissez-faire --- Markets, Free --- Private enterprise --- History --- Moral and ethical aspects --- Vormen van monopolistische orde (algemeenheden). Economisch malthusianisme --- Industriële autarkie. Economisch nationalisme. Verankering van vennootschappen --- Kapitalisme --- Law and legislation --- Law --- Capitalism --- Free enterprise --- 330.342.14 --- 338 <09> --- 347.7 --- Commercial law --- Trade regulation --- 330.342.14 Kapitalistische economie. Free enterprise. Markteconomie. Vrije concurrentie --- Kapitalistische economie. Free enterprise. Markteconomie. Vrije concurrentie --- 347.7 Handelsrecht --- Handelsrecht --- 338 <09> Economische geschiedenis --- Economische geschiedenis --- JAPAN -- 930.34 --- AUSTRALIA -- 930.34 --- EUROPE -- 930.34 --- USA -- 930.34 --- AA / International- internationaal --- History. --- Moral and ethical aspects. --- Arts and Humanities --- Antitrust law - History --- Antitrust law - United States - History --- Antitrust law - Japan - History --- Antitrust law - Europe - History --- Antitrust law - Australia - History --- Capitalism - Moral and ethical aspects --- Free enterprise - Moral and ethical aspects
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