Why The Haves Come Out Ahead
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Why The Haves Come Out Ahead
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Author : Marc Galanter
language : en
Publisher: Quid Pro Books
Release Date : 2014-09-15
Why The Haves Come Out Ahead written by Marc Galanter and has been published by Quid Pro Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-15 with Law categories.
This is the fortieth anniversary edition of a classic of law and society, updated with extensive new commentary. Drawing a distinction between experienced “repeat players” and inexperienced “one shotters” in the U.S. judicial system, Marc Galanter establishes a recognized and applied model of how the structure of the legal system and an actor’s frequency of interaction with it can predict outcomes. Notwithstanding democratic institutions of governance and the “majestic equality” of the courts, the enactment and implementation of genuinely redistributive measures is a hard uphill struggle. In one of the most-cited essays in the legal literature, Galanter incisively demolishes the myth that courts are the prime equalizing force in American society. He provides a penetrating analysis of the limitations and possibilities of courts as the source and engine of large-scale social change. Galanter’s influential article is now available in a convenient, affordable, and assignable book (in print and ebooks), with a new introduction by the author that explains the origins and aftermath of the original work. In addition, it features his 2006 article applying the original thesis to real-world dilemmas in legal structure and consequence today. The collection also adds a new Foreword by Shauhin Talesh of the University of California-Irvine and a new Afterword by Robert Gordon of Stanford. As Gordon points out, “The great contribution of the article was that it went well beyond local and contingent political explanations to locate obstacles to social reform and redistributive policies in the institutional structure of the legal system itself.” Gordon details ways in which Galanter’s prophesies have come true and even worsened over four decades. Talesh catalogs the article’s place in legal lore: “seminal, blockbuster, canonical, game-changing, extraordinary, pivotal, and noteworthy.” Talesh introduces how repeat players gain advantages in the legal system and how “Galanter set out an important agenda for legal scholars, sociologists, political scientists, and economists. In short, “every law and legal studies student should be required to read the article because it contextualizes the procedural system as something more than a set of rules that should be memorized and mechanically applied.” A powerful new addition to the Classics of Law & Society Series by Quid Pro Books. Features active contents, linked notes, active URLs, and linked Index.
In Litigation
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Author : Herbert M. Kritzer
language : en
Publisher: Stanford University Press
Release Date : 2003
In Litigation written by Herbert M. Kritzer and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
This book collects in a single volume Marc Galanter's seminal work, "Why the 'Haves' Come Out Ahead," with ten contemporary articles about Galanter's theory. The articles, which present new research results and synthesize work done over the past few decades, examine the lasting influence and continued importance of this groundbreaking work.
Why The Haves Come Out Ahead
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Author : Marc Galanter
language : en
Publisher:
Release Date : 1972
Why The Haves Come Out Ahead written by Marc Galanter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Equity categories.
Why The Haves Come Out Ahead
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Author : Marc Galanter
language : en
Publisher:
Release Date : 1974
Why The Haves Come Out Ahead written by Marc Galanter and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Actions and defenses categories.
The Canon Of American Legal Thought
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Author : David Kennedy
language : en
Publisher: Princeton University Press
Release Date : 2018-06-05
The Canon Of American Legal Thought written by David Kennedy and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-05 with Law categories.
This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Law And Society In Modern India
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Author : Marc Galanter
language : en
Publisher: Oxford University Press, USA
Release Date : 1992
Law And Society In Modern India written by Marc Galanter and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Though "modern Indian law" is actually of Western origin, Galanter here contends that independent India has accepted this mid-twentieth century legal system intellectually and institutionally. His thirteen articles, covering a wide range of issues in Indian society, explore the operation of modern Indian law and explicate the ways in which a complex body of formal law accommodates and adjusts itself to local conditions to which it is alien.
Discussions In Dispute Resolution
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Author : Art Hinshaw
language : en
Publisher: Oxford University Press
Release Date : 2021
Discussions In Dispute Resolution written by Art Hinshaw and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
Negotiation -- Mediation -- Arbitration -- Dispute resolution public policy.
The Law And Society Reader Ii
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Author : Erik Larson
language : en
Publisher: NYU Press
Release Date : 2014-05-09
The Law And Society Reader Ii written by Erik Larson and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-09 with Law categories.
Law and society scholars challenge the common belief that law is simply a neutral tool by which society sets standards and resolves disputes. Decades of research shows how much the nature of communities, organizations, and the people inhabiting them affect how law works. Just as much, law shapes beliefs, behaviors, and wider social structures, but the connections are much more nuanced—and surprising—than many expect. Law and Society Reader II provides readers an accessible overview to the breadth of recent developments in this research tradition, bringing to life the developments in this dynamic field. Following up a first Law and Society Reader published in 1995, editors Erik W. Larson and Patrick D. Schmidt have compiled excerpts of 43 illuminating articles published since 1993 in The Law & Society Review, the flagship journal of the Law and Society Association. By its organization and approach, this volume enables readers to join in discussing the key ideas of law and society research. The selections highlight the core insights and developments in this research tradition, making these works indispensable for those exploring the field and ideal for classroom use. Across six concisely-introduced sections, this volume analyzes inequality, lawyering, the relation between law and organizations, and the place of law in relation to other social institutions.
Law And The Modern Mind
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Author : Jerome Frank
language : en
Publisher: Taylor & Francis
Release Date : 2017-07-12
Law And The Modern Mind written by Jerome Frank and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-12 with Law categories.
Law and the Modern Mind first appeared in 1930 when, in the words of Judge Charles E. Clark, it "fell like a bomb on the legal world." In the generations since, its influence has grown-today it is accepted as a classic of general jurisprudence.The work is a bold and persuasive attack on the delusion that the law is a bastion of predictable and logical action. Jerome Frank's controversial thesis is that the decisions made by judge and jury are determined to an enormous extent by powerful, concealed, and highly idiosyncratic psychological prejudices that these decision-makers bring to the courtroom.
The Civil Procedure Rules At 20
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Author : Andrew Higgins
language : en
Publisher: Oxford University Press, USA
Release Date : 2020
The Civil Procedure Rules At 20 written by Andrew Higgins and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
Civil Procedure Rules at 20 considers the successes and failures of the CPR, and current challenges faced by those designing, administering, and using the civil justice system.