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The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.
From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.
As a white Yale Law School graduate, Meltsner began his career with the Legal Defense Fund of the NAACP, working initially under Thurgood Marshall and later under Jack Greenberg. From his vantage point at LDF, Meltsner witnessed and participated in litigation support of the civil rights movement in the South. As the movement shifted north and the fight for desegregation gave way to black-power slogans, Meltsner remained involved with the LDF and later went on to teach public interest practice at Columbia Law School. He watched the move from the high expectations after the Brown v. Board of Education decision to the lows of subsequent resegregation. He recalls his involvement in other civil rights efforts, from the campaigns to abolish capital punishment to Muhammad Ali's legal battle to regain his right to box. Meltsner closes with a chapter that examines the strategic possibilities of the No Child Left Behind mandate. Meltsner brings a personal perspective to this assessment of the hopes, potential, and shifting terrain of public service law. A worthy read. --Vernon Ford Copyright 2006 Booklist.
This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.
The primary purpose of this book is to dispel some misunderstandings -- or even erroneous views -- on what a ''code'' is and, more specifically, how one can work with a ''civil code.'' The text explains that in a civil law system, codification is the product of the combination of three sources of law: legislation, jurisprudence or court cases, and doctrine or legal scholarship. It then analyzes the many different methods of reasoning and interpretation that can be used under a civil code and illustrates these methods as applied to code articles and to three decisions of the Louisiana Supreme Court. Thus, the book explains and justifies the 'long lasting life'' of civil codes, particularly the French Civil Code of 1804 (also referred to as the Code Napoleon) and the Louisiana Civil Code of 1825.
A group of leading comparative private law scholars from Europe, United States, and China came together and studied the new Chinese Civil Code from a comparative and cross-disciplinary perspective.
Stimson, Frederic Jesup. Popular Law-Making. A Study of the Origin, History, and Present Tendencies of Law-Making by Statute. New York: Charles Scribner's Sons, 1910. xii, 545 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 00-022513. ISBN 1-58477-094-5. Cloth. $85. * Stimson [1853-1943] was a professor of comparative legislation at Harvard University. His study of statute creation is a thorough survey that starts with the English idea of law, goes on to cover early English legislation and the Magna Charta, the re-establishment of Anglo-Saxon law and the question of common law against civil law, early labor legislation and laws against restraint of trade and "trust," medieval legislation, then discusses English and American rates and prices, corporations, labor laws, military and mob law and the right to arms, legislation concerning personal and racial rights, sex legislation, marriage and divorce, American legislation in general and property rights in particular, and more. "Recommended by Hurst for 'general review of legislative contributions to the body of the law.'" Hurst, Growth of American Law 453. Marke, A Catalogue of the Law Collection of New York University (1953) 206.