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In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Please note that the supplemental materials website has moved to caplaw.com/rll Studies show that the reading skills your students have developed in college may not be enough to ensure their success in law school. Reading law requires professionals to understand the purpose of their reading, to form and express opinions about what they're reading, to apply legal logic, to read with energy, and to adopt sophisticated reading habits that are unique to the study of law. Written for law students, pre-law students, paralegals, and others interested in developing these reading skills, Reading Like a Lawyer teaches each of the following critical legal reading skills: how to read legal casebooks and engage in class, as well as how to use your reading to prepare for exams; how to read published court cases outside of a casebook; how to read legislative material; and how to read online effectively. Based on sound educational research, each chapter includes exercises that challenge students to apply what that chapter has taught. A website accompanies the book and includes additional readings (e.g., on logic) plus opportunities for students to gain confidence by testing their own thoughts against those of the author. For faculty, Reading Like a Lawyer includes a separate teacher's manual and a faculty website with a powerpoint that mirrors the book's principle lessons.
The Legal Case: Cross-Currents in Law and the Humanitiesre-examines the seemingly familiar notion of a ‘legal case’ by exploring the histories, practices, conventions and rhetoric of ‘case law’. The doctrine of stare decisis, whereby courts are bound by precedent cases, underpins legal reasoning in the common law world. At the same time, the legal case is itself a product of institutional and linguistic practices, and raises broader questions about the foundations and boundaries of law. The idea of the ‘case’ as an ordered, closed narrative with a determinate outcome is, for example, integral to medical, psychoanalytic, as well as forensic discourses; whilst the notion of the ‘strange case’ is a popular one in the English fiction of the late nineteenth century. What is at stake in the attempt to categorise or define a situation as a legal case? Is the notion of binding precedent in ‘case law’ really distinctive to the common law? And if so, why? What can the concept of a ‘case’ in other disciplines and discourses tell us about how it operates in law? With contributions from legal philosophers, legal historians, literary critics, and linguists, this book moves beyond the jurisprudential discussion of the nature and authority of the legal case, as it draws on insights from philosophy, m linguistics, narratology, drama, and film.
Watts here argues that conventions of oral rhetoric were adapted to shape the literary form and contents of the Pentateuch. The large-scale structure-stories introducing lists of laws that conclude with divine sanctions-reproduces a common ancient strategy for persuasion. The laws' use of direct address, historical motivations and frequent repetitions serve rhetorical ends, and even the legal contradictions seem designed to appeal to competing constituencies. The instructional speeches of God and Moses reinforce the persuasive appeal by characterizing God as a just ruler and Moses as a faithful scribe. The Pentateuch was designed to persuade Persian-period Judaeans that this Torah should define their identity as Israel.
Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. Hamilton and the Law offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. A star-powered cast of legal minds—from two former U.S. solicitors general to leading commentators on culture and society—contribute brief and engaging magazine-style articles to this lively book. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Casuistic or case law in the Pentateuch deals with real human affairs; each case law entails a compressed story that can encourage reader engagement with seemingly "dry" legal text. This book is the first to present an interpretive method integrating biblical law, jurisprudence, and literary theory, reflecting the current "law and literature" school within legal studies. It identifies the narrative elements that exist in the laws of the Pentateuch, exposes the narrative techniques employed by the authors, and discovers the poetics of biblical law, thus revealing new or previously unconsidered aspects of the relationship between law and narrative in the Bible
Critical Reading for Success in Law School and Beyond presents critical reading strategies in a systematic sequence so that students can become effective readers who are successful in both law school and in law practice. This reading system was developed by identifying the characteristics of expert readers at different stages of the reading process and then creating a curriculum to teach these skills. It contains essential ingredients for developing skills in reading comprehension as well as legal analysis, case evaluation, and case synthesis. Critical Reading starts with chapters on reading as an advocate and with focus and then introduces students to case structure as well as civil and criminal procedure. Students are then introduced to specific comprehension techniques such as case context, reading for an overview, reading facts, and strategies for understanding unclear text. Critical Reading then addresses strategies for making inferences, evaluating cases, and synthesizing cases. Critical Reading for Success in Law School and Beyond focuses on comprehension of full reported cases as students must be able to read full decisions in practice. It is designed to be used in law school pre-orientation and orientation programs, academic success courses, legal writing and doctrinal classes, as well as individual student support.