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Reclaiming the Federal Courts
Larry Yackle
Go ahead and try to make a federal case of it. That may seem to be your right, but as Larry Yackle reveals in Reclaiming the Federal Courts, the guardians of that right don’t see it that way. A systematic study of the role the federal courts play in enforcing the Constitution, this powerful book shows how the current conservative Supreme Court has undermined that role by restricting citizens’ access to these courts.
Yackle focuses on judicially created doctrines that channel certain cases away from the federal courts (which tend to hold government power in check) and into state courts (which tend to allow government a relatively free hand). In doing so, he clearly shows how seemingly arcane and confusing legal technicalities actually tilt the delicate balance between government power and individual liberty in the United States. As he traces the historical underpinnings of the federal judicial system, Yackle explains how access to the federal courts in federal-question cases is intertwined with the most fundamental elements of American Jurisprudence—Legal Formalism, Legal Realism, Legal Process, and the Civil Rights Movement—as well as with the recent conservative retrenchment. He goes on to examine specific modern doctrines. Here we see how the Rehnquist Court’s restrictive rules deny citizens standing to sue in federal court, disclaim the federal courts’ jurisdiction even when standing is conceded, channel cases away from the federal courts even when they have jurisdiction, and frustrate the right to petition the federal courts for a writ of habeas corpus—perhaps the most fundamental right of any citizen.
Yackle’s straightforward style makes his description and analysis of existing law intelligible to students and others who wish to understand how the federal judicial system actually functions—or fails to function. The book concludes with concrete recommendations for congressional action to correct the subtle but significant injustice that Yackle so clearly and cogently exposes.
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1993 Supplement to Administrative Law: Cases and Materials
Jack M. Beermann, Ronald A. Cass, and Colin S. Diver
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1993 Supplement to The Regulation of Money Managers : The Investment Company Act and the Investment Advisers Act
Tamar Frankel, J. Deland, and J. Mazer
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Moral Aspects of Legal Theory: Essays on Law, Justice, and Political Responsibility
David B. Lyons
David Lyons is one of the preeminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad the law of a community might be, strict conformity to existing law automatically dispenses "formal" justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions.
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Managing Chemical Risks: Corporate Response to SARA Title III
Michael S. Baram, Patricia S. Dillon, and Betsy Ruffle
SARA Title III is a legislative attempt to lower the risk of chemical manufacturing and use to the public. These regulations have been in place now for over four years and this valuable new book represents a series of studies that explores the environmental management behavior of industrial corporations. The book features excellent case studies that will serve as important reference material for environmental managers, health and safety officials, regulators, consultants, and environmental attorneys.
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Cases and Materials on the Law Governing the Employment Relationship, 2nd ed.
Samuel Estreicher and Michael C. Harper
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1992 Supplement to The Regulation of Money Managers: The Investment Company Act and the Investment Advisers Act
Tamar Frankel, J. Deland, and J. Mazer
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1992 Supplement to Securitization: Structured Financing, Financial Assets Pools, and Asset-Backed Securities
Tamar Frankel and Manuel A. Utset
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Medical Testimony on Victims of Torture: A Physician's Guide to Political Asylum Cases
Susan M. Akram and Physicians for Human Rights
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Judicial Deviation in Talmudic Law: Governed by Men, Not by Rules
Hanina Ben-Menahem and Neil S. Hecht
With the publication of this book, the author inaugurates a new series at the Institute of Jewish Law. In recent years there has been a growing interest in Jewish law in American law schools. In turn, this casts an obligation on those involved in Jewish law to make available in the English language publications which focus on contemporary issues and their analysis in traditional Jewish sources. Jewish Law in Context will attempt to do precisely this by presenting Jewish law in its own context as well as in the context of our milieu.
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1991 Supplement to Cases and Materials on the Law Governing the Employment Relationship
Samuel Estreicher and Michael C. Harper
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1991 Supplement to The Regulation of Money Managers: The Investment Company Act and the Investment Advisers Act
Tamar Frankel, J. Deland, and J. Mazer
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In the Interest of the Governed: A Study in Bentham's Philosophy of Utility and Law, Rev. Ed.
David B. Lyons
Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read, but often caricatured. This book, based on a study of Bentham's most important works, offers a reinterpretation of Bentham's main philosophical doctrines, his principle of utility and his analysis of law. The evidence indicates that Bentham was no ‘universalist’ in morals, but embraced a dual standard—in politics the community's interest, in ‘private ethics’ the agent's interest—which may in turn be based on the idea that government should serve the interests of those who are ‘governed’. The argument challenges many common assumptions about Bentham's view of human nature and of political institutions. A new reading is also given to his theory of law, which suggests Bentham's insight, originality, and continued interest for philosophers and legal theorists. This book was first published in 1973. This revised edition contains a new preface, a revised bibliography, and two new indexes, one of names and one of subjects, which together replace the original index.
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Corporate Disclosure of Environmental Risks: U.S. and European Law
Michael S. Baram and Daniel Partan
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Cases and Materials on the Law Governing the Employment Relationship
Samuel Estreicher and Michael C. Harper
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Statutory Supplement to Cases and Materials on the Law Governing the Employment Relationship
Samuel Estreicher and Michael C. Harper
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1990 Supplement to The Regulation of Money Managers: The Investment Company Act and the Investment Advisers Act
Tamar Frankel, J. Deland, and J. Mazer
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International Chamber of Commerce Arbitration, 2nd ed.
William W. Park, W. Laurence Craig, and Jan Paulsson
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1989 Supplement to The Regulation of Money Managers: The Investment Company Act and the Investment Advisers Act
Tamar Frankel, J. Deland, and J. Mazer
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Reform and Regret: the Story of Federal Judicial Involvement in the Alabama Prison System
Larry Yackle
This important book describes the campaign to achieve prison reform in Alabama through constitutional litigation in the federal courts. Yackle describes the process that produced Judge Frank Johnson's decree that the system constituted "cruel and unusual punishment," and subsequent efforts to enforce order in the face of bureaucratic inertia, administrative incompetence, and political demagogy.
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1988 Supplement to The Regulation of Money Managers: The Investment Company Act and the Investment Advisers Act
Tamar Frankel, J. Deland, and J. Mazer
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1987 Supplement to The Regulation of Money Managers: The Investment Company Act and the Investment Advisers Act
Tamar Frankel, J. Deland, and J. Mazer
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A Guide to Product Health and Safety and the Right to Know
Michael S. Baram and Product Health and Safety Committee American Industrial Hygiene Association
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1985 Supplement to The Regulation of Money Managers: The Investment Company Act and the Investment Advisers Ac
Tamar Frankel, J. Deland, and J. Mazer
Books written, edited, and contributed to by Boston University School of Law faculty members.
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