Nicholas R. Parrillo
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780300176582
- eISBN:
- 9780300187304
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300176582.001.0001
- Subject:
- Law, Legal History
In America today, a public official's lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a ...
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In America today, a public official's lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a cut of each evasion uncovered. Naval officers took a reward for each ship sunk. The list goes on. This book is the first to document American government's “for-profit” past, to discover how profit-seeking defined officials' relationship to the citizenry, and to explain how lawmakers—by banishing the profit motive in favor of the salary—transformed that relationship forever.Less
In America today, a public official's lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a fee for each defendant convicted. Tax collectors received a cut of each evasion uncovered. Naval officers took a reward for each ship sunk. The list goes on. This book is the first to document American government's “for-profit” past, to discover how profit-seeking defined officials' relationship to the citizenry, and to explain how lawmakers—by banishing the profit motive in favor of the salary—transformed that relationship forever.
David Schorr
- Published in print:
- 2012
- Published Online:
- October 2013
- ISBN:
- 9780300134476
- eISBN:
- 9780300189049
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300134476.001.0001
- Subject:
- Law, Legal History
Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical ...
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Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. It describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. The book demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice.Less
Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. It describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. The book demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice.
Gary Lawson and Guy Seidman
- Published in print:
- 2004
- Published Online:
- October 2013
- ISBN:
- 9780300102314
- eISBN:
- 9780300128963
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300102314.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution's design for territorial ...
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This book offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution's design for territorial acquisition and governance, and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America's territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican–American and Spanish–American wars—resulted from treaties, they elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. The authors find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and explore the often strange paths which constitutional law has traveled to permit such deviations from the Constitution's original meaning.Less
This book offers a constitutional and historical survey of American territorial expansion from the founding era to the present day. The authors describe the Constitution's design for territorial acquisition and governance, and examine the ways in which practice over the past two hundred years has diverged from that original vision. Noting that most of America's territorial acquisitions—including the Louisiana Purchase, the Alaska Purchase, and the territory acquired after the Mexican–American and Spanish–American wars—resulted from treaties, they elaborate a Jeffersonian-based theory of the federal treaty power and assess American territorial acquisitions from this perspective. The authors find that at least one American acquisition of territory and many of the basic institutions of territorial governance have no constitutional foundation, and explore the often strange paths which constitutional law has traveled to permit such deviations from the Constitution's original meaning.
Brian C. Kalt
- Published in print:
- 2012
- Published Online:
- October 2013
- ISBN:
- 9780300123517
- eISBN:
- 9780300178012
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300123517.001.0001
- Subject:
- Law, Constitutional and Administrative Law
The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. This book envisions six such ...
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The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. This book envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have. Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events described would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.Less
The United States Constitution's provisions for selecting, replacing, and punishing presidents contain serious weaknesses that could lead to constitutional controversies. This book envisions six such controversies, such as the criminal prosecution of a sitting president, a two-term president's attempt to stay in power, the ousting of an allegedly disabled president, and more. None of these things has ever occurred, but in recent years many of them almost have. Besides being individually dramatic, these controversies provide an opportunity to think about how constitutional procedures can best be designed, interpreted, and repaired. Also, because the events described would all carry enormous political consequences, they shed light on the delicate and complicated balance between law and politics in American government.
Victor Ferreres Comella
- Published in print:
- 2009
- Published Online:
- October 2013
- ISBN:
- 9780300148671
- eISBN:
- 9780300148688
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300148671.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book contrasts the European “centralized” constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralized model, such as that of the ...
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This book contrasts the European “centralized” constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralized model, such as that of the United States, in which courts deal with both constitutional and nonconstitutional questions. The book's systematic exploration of the reasons for and against the creation of constitutional courts is detailed and it offers an ambitious theory to justify the European preference for them. Based on extensive research on eighteen European countries, the book finds that centralized review fits well with the civil law tradition and structures of ordinary adjudication in those countries. It concludes that, while the decentralized model works for the United States, there is more than one way to preserve democratic values and that these values are best preserved in the parliamentary democracies of Europe through constitutional courts.Less
This book contrasts the European “centralized” constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralized model, such as that of the United States, in which courts deal with both constitutional and nonconstitutional questions. The book's systematic exploration of the reasons for and against the creation of constitutional courts is detailed and it offers an ambitious theory to justify the European preference for them. Based on extensive research on eighteen European countries, the book finds that centralized review fits well with the civil law tradition and structures of ordinary adjudication in those countries. It concludes that, while the decentralized model works for the United States, there is more than one way to preserve democratic values and that these values are best preserved in the parliamentary democracies of Europe through constitutional courts.
Jeffrey Shulman
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780300191899
- eISBN:
- 9780300206746
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300191899.001.0001
- Subject:
- Law, Family Law
It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in ...
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It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in our legal traditions is the idea that the state entrusts parents with custody of the child, and the concomitant rule that the state does so only as long as parents meet their legal duty to take proper care of the child. This book looks at four related areas of the law: parental custody, state regulation of education, religion and parental rights, and nonparental third party rights. In each it is argued that, historically, the authority of the parent has been treated as a sacred trust, a delegation of state power made on the presumption that it will be employed to promote the eventual enfranchisement of the child; that the emergence of a rights orientation has threatened to uncouple the traditional linkage of rights and responsibilities, subordinating the best interests of the child and the legitimate needs of the state to parental preferences; and that a renewed reliance on the trust model of parentchild relations would better serve both the developing personhood of the child and the civil society to which he or she belongs. In each area of the law, we face the same historical reality: It is the rights orientation that breaks with deeply rooted legal traditions and cultural values, rejecting time-honored trust principles of family law meant to protect both private and public interests.Less
It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in our legal traditions is the idea that the state entrusts parents with custody of the child, and the concomitant rule that the state does so only as long as parents meet their legal duty to take proper care of the child. This book looks at four related areas of the law: parental custody, state regulation of education, religion and parental rights, and nonparental third party rights. In each it is argued that, historically, the authority of the parent has been treated as a sacred trust, a delegation of state power made on the presumption that it will be employed to promote the eventual enfranchisement of the child; that the emergence of a rights orientation has threatened to uncouple the traditional linkage of rights and responsibilities, subordinating the best interests of the child and the legitimate needs of the state to parental preferences; and that a renewed reliance on the trust model of parentchild relations would better serve both the developing personhood of the child and the civil society to which he or she belongs. In each area of the law, we face the same historical reality: It is the rights orientation that breaks with deeply rooted legal traditions and cultural values, rejecting time-honored trust principles of family law meant to protect both private and public interests.
Michael Donnelly and Murray Straus (eds)
- Published in print:
- 2005
- Published Online:
- October 2013
- ISBN:
- 9780300085471
- eISBN:
- 9780300133806
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300085471.001.0001
- Subject:
- Law, Family Law
Despite being commonplace in American households a generation ago, corporal punishment of children has been subjected to criticism and shifting attitudes in recent years. Many school districts have ...
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Despite being commonplace in American households a generation ago, corporal punishment of children has been subjected to criticism and shifting attitudes in recent years. Many school districts have banned it, and many child advocates recommend that parents no longer spank or strike their children. This book taps into the expertise of social science scholars and researchers who address issues of corporal punishment, a subject that is now characterized as a key issue in child welfare. The chapters discuss corporal punishment, its use, causes, and consequences, drawing on a wide array of comparative, psychological, and sociological theories. Together, they clarify the analytical issues and lay a strong foundation for future research and interdisciplinary collaboration.Less
Despite being commonplace in American households a generation ago, corporal punishment of children has been subjected to criticism and shifting attitudes in recent years. Many school districts have banned it, and many child advocates recommend that parents no longer spank or strike their children. This book taps into the expertise of social science scholars and researchers who address issues of corporal punishment, a subject that is now characterized as a key issue in child welfare. The chapters discuss corporal punishment, its use, causes, and consequences, drawing on a wide array of comparative, psychological, and sociological theories. Together, they clarify the analytical issues and lay a strong foundation for future research and interdisciplinary collaboration.
Shihab al-Din Ahmad ibn Idris al-Qarafi al-Maliki
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780300191158
- eISBN:
- 9780300227567
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300191158.001.0001
- Subject:
- Law, Legal History
This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few ...
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This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. This edition addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. The book's examination of the distinctions among judicial rulings, which were final and unassailable; legal opinions, which were advisory and not binding; and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.Less
This book is the first and much-needed English translation of a thirteenth-century text that shaped the development of Islamic law in the late middle ages. Scholars of Islamic law can find few English language translations of foundational Islamic legal texts, particularly from the understudied Mamluk era. This edition addresses this gap, finally making the great Muslim jurist Shihab al-Din al-Qarafi's seminal work available to a wider audience. The book's examination of the distinctions among judicial rulings, which were final and unassailable; legal opinions, which were advisory and not binding; and administrative actions, which were binding but amenable to subsequent revision, remained standard for centuries and are still actively debated today.
Don Herzog
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780300221541
- eISBN:
- 9780300227710
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300221541.001.0001
- Subject:
- Law, Philosophy of Law
If you defame the dead, even someone who recently died, tort law does not think that’s an injury: not to the grieving survivors and not to the dead person. This book argues that defamation is an ...
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If you defame the dead, even someone who recently died, tort law does not think that’s an injury: not to the grieving survivors and not to the dead person. This book argues that defamation is an injury to the recently dead. It explores history, including the shaping of the common law, and offers an account of posthumous harm and wrong. Along the way, it offers a sustained exploration of how we and the law think about corpse desecration.Less
If you defame the dead, even someone who recently died, tort law does not think that’s an injury: not to the grieving survivors and not to the dead person. This book argues that defamation is an injury to the recently dead. It explores history, including the shaping of the common law, and offers an account of posthumous harm and wrong. Along the way, it offers a sustained exploration of how we and the law think about corpse desecration.
Tamar Herzog
- Published in print:
- 2003
- Published Online:
- October 2013
- ISBN:
- 9780300092530
- eISBN:
- 9780300129830
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300092530.001.0001
- Subject:
- Law, Legal History
This book explores the emergence of a specifically Spanish concept of community in both Spain and Spanish America in the eighteenth century. Challenging the assumption that communities were the ...
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This book explores the emergence of a specifically Spanish concept of community in both Spain and Spanish America in the eighteenth century. Challenging the assumption that communities were the natural result of common factors such as language or religion, or that they were artificially imagined, it reexamines early modern categories of belonging. The book argues that the distinction between those who were Spaniards and those who were foreigners came about as local communities distinguished between immigrants who were judged to be willing to take on the rights and duties of membership in that community and those who were not.Less
This book explores the emergence of a specifically Spanish concept of community in both Spain and Spanish America in the eighteenth century. Challenging the assumption that communities were the natural result of common factors such as language or religion, or that they were artificially imagined, it reexamines early modern categories of belonging. The book argues that the distinction between those who were Spaniards and those who were foreigners came about as local communities distinguished between immigrants who were judged to be willing to take on the rights and duties of membership in that community and those who were not.
Global Competition
Property and Community
Judicial Control in the European Union
Broken Engagements
From Sword to Shield
The Philosophy of Criminal Law
Legality's Borders
Islamic Natural Law Theories
The Making of Legal Authority
