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The seventeenth century saw some of the most important jurisprudential changes in England’s history, yet the period has been largely overlooked in the rich field of literature and law. Helping to fill this gap, The Legal Epic is the first book to situate the great poet and polemicist John Milton at the center of late seventeenth-century legal history. Alison A. Chapman argues that Milton’s Paradise Lost sits at the apex of the early modern period’s long fascination with law and judicial processes. Milton’s world saw law and religion as linked disciplines and thought therefore that in different ways, both law and religion should reflect the will of God. Throughout Paradise Lost, Milton invites his readers to judge actions using not only reason and conscience but also core principles of early modern jurisprudence. Law thus informs Milton’s attempt to “justify the ways of God to men” and points readers toward the types of legal justice that should prevail on earth. Adding to the growing interest in the cultural history of law, The Legal Epic shows that England’s preeminent epic poem is also a sustained reflection on the role law plays in human society.
The seventeenth century witnessed some of the most important jurisprudential changes in England s history, yet it is relatively untouched territory in the rich field of literature and law. Alison Chapman s book fills this gap by situating the poet and polemicist John Milton in the center of late-seventeenth-century legal history. One of England s greatest poets, Milton was arguably also the most litigious, and he had an exceptionally wide and deep knowledge of law and judicial processes. While this book ranges widely across Milton s life and work, its primary focus is on the role that law plays in "Paradise Lost." Throughout "Paradise Lost," Chapman shows, Milton invites his readers to judge the ways of God both according to the dictates of reason and conscience and also according to prevailing ideas about legal justice. Law, Chapman argues, forms a crucial albeit unrecognized part of Milton s attempt in" Paradise Lost" to justify the ways of God to men. "
"John Milton is well known as the poet of liberty and freedom. But his commitment to justice, which runs throughout his prose works, great and small, is often opaque to us when glimpsed at distance in the twenty-first century. Alison A. Chapman aims to provide literary scholars with a working knowledge of the multiple, jostling, real-world legal systems in conflict in seventeenth-century England, and to help us distinguish among Milton's use of the various legal systems and vocabularies of the time--natural versus positive law, for example, and the differences among canon, civil, and common jurisprudence, whichever system best suited Milton's purpose. Surveying the early and divorce tracts, late political tracts, and major prose works in comparison with the writings and cases of some of Milton's contemporaries (including George Herbert, John March, Ben Jonson, and John Bunyan), Chapman alerts us to the variety and nuance in Milton's juridical tool-kit and his subtle use of competing legal traditions in pursuit of justice"--
In 1987, E.L. Doctorow celebrated the Constitution's bicentennial by reading it. "It is five thousand words long but reads like fifty thousand," he said. Distinguished legal scholar Garrett Epps--himself an award-winning novelist--disagrees. It's about 7,500 words. And Doctorow "missed a good deal of high rhetoric, many literary tropes, and even a trace of, if not wit, at least irony," he writes. Americans may venerate the Constitution, "but all too seldom is it read." In American Epic, Epps takes us through a complete reading of the Constitution--even the "boring" parts--to achieve an appreciation of its power and a holistic understanding of what it says. In this book he seeks not to provide a definitive interpretation, but to listen to the language and ponder its meaning. He draws on four modes of reading: scriptural, legal, lyric, and epic. The Constitution's first three words, for example, sound spiritual--but Epps finds them to be more aspirational than prayer-like. "Prayers are addressed to someone . . . either an earthly king or a divine lord, and great care is taken to name the addressee. . . . This does the reverse. The speaker is 'the people,' the words addressed to the world at large." He turns the Second Amendment into a poem to illuminate its ambiguity. He notices oddities and omissions. The Constitution lays out rules for presidential appointment of officers, for example, but not removal. Should the Senate approve each firing? Can it withdraw its "advice and consent" and force a resignation? And he challenges himself, as seen in his surprising discussion of the Defense of Marriage Act (DOMA) in light of Article 4, which orders states to give "full faith and credit" to the acts of other states. Wry, original, and surprising, American Epic is a scholarly and literary tour de force.
This book studies the interplay of theology and poetics in the three great epics of early modern England, the Faerie Queene, Paradise Lost, and Paradise Regained. Bond examines how Spenser and Milton adapted the pattern of dual heroism developed in classical and Medieval works. Challenging the opposition between 'Calvinist,' 'allegorical' Spenser and 'Arminian,' 'dramatic' Milton, this book offers a new understanding of their doctrinal and literary affinities within the European epic tradition.
Child labor law strikes most Americans as a fixture of the country’s legal landscape, involving issues settled in the distant past. But these laws, however self-evidently sensible they might seem, were the product of deeply divisive legal debates stretching over the past century—and even now are subject to constitutional challenges. Child Labor in America tells the story of that historic legal struggle. The book offers the first full account of child labor law in America—from the earliest state regulations to the most recent important Supreme Court decisions and the latest contemporary attacks on existing laws. Children had worked in America from the time the first settlers arrived on its shores, but public attitudes about working children underwent dramatic changes along with the nation’s economy and culture. A close look at the origins of oppressive child labor clarifies these changing attitudes, providing context for the hard-won legal reforms that followed. Author John A. Fliter describes early attempts to regulate working children, beginning with haphazard and flawed state-level efforts in the 1840s and continuing in limited and ineffective ways as a consensus about the evils of child labor started to build. In the Progressive Era, the issue finally became a matter of national concern, resulting in several laws, four major Supreme Court decisions, an unsuccessful Child Labor Amendment, and the landmark Fair Labor Standards Act of 1938. Fliter offers a detailed overview of these events, introducing key figures, interest groups, and government officials on both sides of the debates and incorporating the latest legal and political science research on child labor reform. Unprecedented in its scope and depth, his work provides critical insight into the role child labor has played in the nation’s social, political, and legal development.
9/12 is the saga of the epic nine-year legal battle waged by William H. Groner against the City of New York and its contractors on behalf of the more than ten thousand first responders who became ill as a result of working on the Ground Zero cleanup. These first responders--like AT&T Disaster Relief head Gary Acker and New York Police Department detectives Candiace Baker, Thomas Ryan, and Mindy Hersh--rushed to Ground Zero and remained to work on the rescue and recovery mission, which lasted for the next nine months. Their selfless bravery and humanity were rewarded with horrible health issues resulting from the toxic stew of chemicals present in the dust and debris that government officials such as Mayor Rudy Giuliani and EPA chief Christine Todd Whitman had assured them was safe. Groner, a lead attorney in the mass tort litigation, fought for their illnesses to be acknowledged and for them to receive validation and closure, as well as for compensation--an eventual aggregate award of more than $800 million. As detailed in 9/12, the battle for the Ground Zero responders was waged not only in the courtroom but also in the press, in medical and scientific research centers, and among politicians at the local, state, and federal levels, as well as in the halls of Congress to pass the Zadroga Health and Compensation Act. 9/12 weaves together Groner's firsthand account with glimpses into the first responders' lives as they try to understand and overcome their illnesses. The result is an intimate look into their battles--physical, mental, and legal--that will leave you cheering for these heroes who, in spite of everything, would do it all again. Told by Groner and journalist Tom Teicholz, 9/12 is the story of the brave public servants who showed up when their country needed them most, of their fight for redress, and of their victory in the face of the seemingly insurmountable.
The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn’s previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the “best advice on legal writing I’ve ever seen.” Features Compiles more than 150 examples of masterfully written legal advocacy and analysis Succinct introductory text presents the facts of each case Detailed annotations by the author highlight How to tell your client’s story How to build and counter six types of legal argument How to organize your arguments How to develop a theme Excerpts from high-interest cases, such as The battle over “Obamacare” A massive copyright suit involving YouTube BP’s oil spill in the Gulf of Mexico Facebook’s infamous feud with the Winklevoss twins Apple’s billion-dollar patent dispute with Samsung Lance Armstrong’s attempt to retain his Tour de France titles Major cases involving gay rights and affirmative action For year-long courses, a stellar option for second-semester students Perfect for practicing litigators who want to see a playbook of moves and strategies from top lawyers and from major cases Stresses strategic choices and the art of building compelling substantive arguments Focuses on briefs and motions Developing a theme Framing issues Isolates examples of specific arguments—doctrinal, textual, legislative history policy, and so on Innovative layout
From the glory days of the railroad to today's gridlocked, six-lane highway, Getting There dramatizes America's shift from rail to road transportation, how it has robbed Americans of the choice of travel options enjoyed by Europeans, and why it threatens the nation's economic future. Stephen B. Goddard reveals how government joined automakers and roadbuilders to nearly destroy the rails, and why the 21st century will witness high-tech remedies and a railroad resurgence.
IIn 1973, a young ACLU attorney filed a controversial class-action lawsuit that challenged New York City’s operation of its foster-care system. The plaintiff was an abused runaway named Shirley Wilder who had suffered from the system’s inequities. Wilder, as the case came to be known, was waged for two and a half decades, becoming a battleground for the conflicts of race, religion, and politics that shape America’s child-welfare system. The Lost Children of Wilder gives us the galvanizing history of this landmark case and the personal story at its core. Nina Bernstein takes us behind the scenes of far-reaching legal and legislative battles, but she also traces the life of Shirley Wilder and her son, Lamont, born when Shirley was only fourteen and relinquished to the very system being challenged in her name. Bernstein’s account of Shirley and Lamont’s struggles captures the heartbreaking consequences of the child welfare system’s best intentions and deepest flaws. In the tradition of There Are No Children Here, this is a major achievement of investigative journalism and a tour de force of social observation, a gripping book that will haunt every reader who cares about the needs of children.