Harvard Law Review: Volume 129, Number 8 - June 2016

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Release : 2016-06-10
Genre : Law
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Book Rating : 902/5 ( reviews)

Harvard Law Review: Volume 129, Number 8 - June 2016 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Harvard Law Review: Volume 129, Number 8 - June 2016 write by Harvard Law Review. This book was released on 2016-06-10. Harvard Law Review: Volume 129, Number 8 - June 2016 available in PDF, EPUB and Kindle. The June 2016 issue, Number 8, features these contents: • Article, "Systemic Facts: Toward Institutional Awareness in Criminal Courts," by Andrew Manuel Crespo • Book Review, "Fixing Statutory Interpretation," by Brett M. Kavanaugh • Book Review, "Knowledge and Politics in International Law," by Samuel Moyn • Note, "Major Question Objections" • Note, "Chinese Common Law? Guiding Cases and Judicial Reform" • Note, "OSHA’s Feasibility Policy: The Implications of the ‘Infeasibility’ of Respirators" Furthermore, student commentary analyzes Recent Cases on sex-discrimination implications of gender-normed FBI fitness requirements; trademark law and the antidisparagement rule as a constitutional problem; practical elimination of the adverse-interest exception as a defense to fraud-on-the-market claims; deference to administrative agency’s amicus brief’s interpretation of student-loan regulations; parties' analysis of fair use before issuing copyright-violation takedown notice; causation standards for penalty enhancement in Controlled Substances Act cases; and admiralty jurisdiction and removal to federal court after a 2011 amendment to 28 USC § 1441. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible graphics from the original, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the eighth and final issue of academic year 2015-2016.

A World of Struggle

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Release : 2018-05-01
Genre : Law
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Book Rating : 391/5 ( reviews)

A World of Struggle - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A World of Struggle write by David Kennedy. This book was released on 2018-05-01. A World of Struggle available in PDF, EPUB and Kindle. How today's unjust global order is shaped by uncertain expert knowledge—and how to fix it A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.

Judging Statutes

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Release : 2014-08-14
Genre : Law
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Book Rating : 149/5 ( reviews)

Judging Statutes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Judging Statutes write by Robert A. Katzmann. This book was released on 2014-08-14. Judging Statutes available in PDF, EPUB and Kindle. In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Harvard Law Review: Volume 129, Number 6 - April 2016

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Release : 2016-04-10
Genre : Law
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Book Rating : 011/5 ( reviews)

Harvard Law Review: Volume 129, Number 6 - April 2016 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Harvard Law Review: Volume 129, Number 6 - April 2016 write by Harvard Law Review. This book was released on 2016-04-10. Harvard Law Review: Volume 129, Number 6 - April 2016 available in PDF, EPUB and Kindle. The April 2016 issue, Number 6, is the annual Developments in the Law special issue. The topic of this extensive contribution is "Indian Law," including specific focus on tribal executive branches, tribal authority to follow fresh pursuit onto nontribal land, reconsidering ICRA and rights, securing Indian voting rights, and indigenous people and extractive industries. In addition, the issue features these contents: • Article, "Reconstructivism: The Place of Criminal Law in Ethical Life," by Joshua Kleinfeld • Essay, "Rule of Law Tropes in National Security," by Shirin Sinnar • Book Review, "Coming into the Anthropocene," by Jedediah Purdy Furthermore, student commentary analyzes Recent Cases on excessive force and SWAT raids after "perfunctory" investigation; prior restraints and injunctions under copyright law; individual liability of FBI agents for detention of citizens abroad; religious establishment and display of the Ten Commandments; and charter schools as violations of state constitutional law. Finally, the issue includes four brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the sixth issue of academic year 2015-2016.

Harvard Law Review: Volume 129, Number 5 - March 2016

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Release : 2016-03-09
Genre : Law
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Book Rating : 178/5 ( reviews)

Harvard Law Review: Volume 129, Number 5 - March 2016 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Harvard Law Review: Volume 129, Number 5 - March 2016 write by Harvard Law Review. This book was released on 2016-03-09. Harvard Law Review: Volume 129, Number 5 - March 2016 available in PDF, EPUB and Kindle. The March 2016 issue, No. 5, features these contents: • Article, "Marriage Equality and the New Parenthood," by Douglas NeJaime • Essay, "Horizontal Shareholding," by Einer Elhauge • Book Review, "Keeping Track: Surveillance, Control, and the Expansion of the Carceral State," by Kathryne M. Young and Joan Petersilia • Note, "Constitutional Courts and International Law: Revisiting the Transatlantic Divide" • Note, "Defining the Press Exemption from Campaign Finance Restrictions" • Note, "Let the End Be Legitimate: Questioning the Value of Heightened Scrutiny's Compelling- and Important-Interest Inquiries" In addition, student commentary analyzes Recent Cases on state abortion laws and precedent; expectation of privacy in pocket dial; tax deductions for medical marijuana dispensary; appointments clause test for executive branch reassignments; takings by residential inclusionary zoning; and statutory interpretation using corpus linguistics. A commentary focuses on the Recent Court Filing by the DOJ arguing that a city ordinance prohibiting camping and sleeping outdoors violates the Eighth Amendment. Finally, the issue includes two brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the fifth issue of academic year 2015-2016.