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An important contribution to constitutional literature, this collection of ten unpublished decisions by the Warren Court puts the decision making process of the Supreme Court in a new light. By following the major changes that occur in each case from the circulation of tentative majority opinions to the final issuance of opinion, the book portrays how the justices communicate with each other and how they are influenced by each other's arguments. Interpretations and commentaries by the author illuminate the significance of each case and provide insight into the different judicial philosophies and personal styles of the justices. This book will be of substantial value to law schools, law libraries, bar associations, and lawyers practicing in the field of constitutional law.
One of the nation's leading First Amendment attorneys provides media counsel with up-to-date information on how to avoid litigation, the andquot;public person, andquot; settlement and pretrial tactics, winning trial tactics and cost minimization techniques; with ample case analysis, including the landmark case Moldea v. New York Times Co. By Bruce W. Sanford. Libel and Privacy by Bruce W. Sanford explains how the U.S. Supreme Court is now approaching constitutional libel law and setting the boundaries for invasion of privacy suits. Comprehensive coverage of all key topics includes: Establishing effective techniques to avoid litigation by following the four-step review process In-depth treatment of andquot;public personandquot; Valuable settlement and pretrial tactics Winning trial tactics and cost minimization techniques Analysis of recent cases and new developments including those in the emerging cyber-like area Discussion of the landmark case Moldea v. New York Times Co. -- which the author argued and won An illustration of the legal and factual criteria governing the measurement of damages in libel actions And more
Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.