Tina M. Brooks and Beau Steenken
At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students ...Read More
James M. Donovan
LEGAL ANTHROPOLOGY: AN INTRODUCTION offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, the author outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. LEGAL ANTHROPOLOGY suggests that future progress can be made by treating as the distinguishing feature of law the perceived fairness of structural inequalities of social systems, rather than the traditional emphasis upon sanction or dispute resolution.
Sexual Orientation and the Law: A Research Bibliography Selectively Annotating Legal Literature through 2005
James M. Donovan
SEXUAL ORIENTATION AND THE LAW: A RESEARCH BIBLIOGRAPHY is a project of the Standing Committee on Lesbian and Gay Issues of the American Association of Law Libraries. This almost-500 page volume includes several features that the Standing Committee hopes will be useful to librarians and their patrons. These include: a description of the bibliography project from its origins in 1987; an introduction by Brad Sears, Executive Director of the Williams Institute on Sexual Orientation Law and Public Policy that places this literature into intellectual, historical and legal perspective; a reprint of the original 1994 bibligraphy as it appeared in Law ...Read More
James M. Donovan and H. Edwin Anderson
This book defends the thesis that the two fields of law and anthropology co-exist in a condition of "balanced reciprocity" wherein each makes important contributions to the successful practice and theory of the other. Anthropology offers a cross-culturally validated generic concept of "law," and clarifies other important legal concepts such as "religion" and "human rights." Law similarly illuminates key anthropological ideas such as the "social contract," and provides a uniquely valuable access point for the analysis of sociocultural systems.
Jesse Dukeminier Jr.
Few rules of law can so quickly strike terror into the hearts of lawyers as the Rule against Perpetuities. This rule, two centuries in development, is designed to prevent tying up property for too long a time. It can be stated in one sentence, but the great nineteenth-century master of the Rule, John Chipman Gray, required more than 400 scrupulously detailed pages to explain it. For deceptive subtleties and unexpected traps it has no equal.
This book views the Rule in the microcosm of Kentucky cases. It shows that perpetuities law in action differs from perpetuities law in the books. ...Read More
Eugene F. Mooney
The United States Supreme Court framed a unique legal doctrine on foreign seizure of American-owned property in the case of Banco Nacional de Cuba v. Sabbatino in 1963. This ruling has far-reaching implications for international law, American foreign policy, and the role of the Court in both domestic and international arenas of power. Disagreeing with the Court’s decisions, Eugene F. Mooney undertakes to place the Act of State Doctrine in its proper historical, jurisprudential, and political perspective.
Mooney argues forcefully that the dogmatic application of the Act of State Doctrine is indefensible in light of its origin, the history of ...Read More