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Political Science and International Studies (R0)

Victor Li

Supreme Pressure

The Rejection of John J. Parker and the Birth of the Modern Supreme Court Confirmation Process

&lt;p&gt;Chapter 1: Lily-White Republican: John J. Parker makes a big political decision.- Chapter 2: 1920 And Beyond: A fateful gubernatorial election.- Chapter 3: On The Bench: Landing a coveted federal judgeship.- Chapter 4: Precedents: How prior confirmation battles set the stage for Parker.- Chapter 5: Beware of Yellow Dog: Organized labor mobilizes.- Chapter 6: Raising Hell: The NAACP makes its move.- Chapter 7: &amp;ldquo;An Incident&amp;rdquo;: The Senate decides Parker&amp;rsquo;s fate.- Chapter 8: From the Ashes: Parker&amp;rsquo;s life after rejection.&lt;/p&gt;

The Rebirth of Contract is a comprehensive guide for judges, academics, and students seeking to understand the contract law doctrine of 'promissory estoppel.' It provides evidence that this doctrine was artificially invented and historically unprecedented and offers economic and moral grounds for repudiating it. The book also presents an analytic framework for deciding 'promissory estoppel cases' using traditional contract law tools. By tracing the historical development of Anglo-American contract law since the Norman conquest of England, the book provides a forensic investigation into and refutation of the claims of historical precedent upon which promissory estoppel was marketed to the American judiciary and academy. The Rebirth of Contract includes a law and economics analysis of both traditional contract law and promissory estoppel, focusing on Pareto improving transactions. Finally, it offers a roadmap for returning to traditional contract law.

Putting Promissory Estoppel to the Sword

The Rebirth of Contract

Routledge Revivals

First published in 1949, this book was primarily written for all who had to do with delinquent children. What is probation? What happens to the person put on probation? What good is it supposed to do to him or to society? These are the questions which this book sets out to answer.

Probation and Re-Education

This book explores the fascinating backstories and unexpected sequels of bigamous marriages from the 17th century to the present day. A woman remarries after hearing that her husband has drowned, only for him to turn up alive and well. Is she now a criminal? A deserted husband, unable to afford a divorce, finds happiness in a new union. How many did the same? A conman advertises for a wife and then disappears with her lifesavings; he has already done the same to many other women. How was he brought to justice? These are just a few of the hundreds of bigamous remarriages put under the microscope in Double Lives. As a companion volume to Double Trouble: Bigamy and the Law in England and Wales, 1604-2024, this book goes behind the law reports to reconstruct the stories of those involved. Drawing on archival sources, pamphlets, newspapers, census data, parish registers, divorce petitions and family histories, it shows the different forms that bigamy might take - accidental, consensual, deceptive or exploitative - and how bigamists' stories in turn helped to shape the law. Double Lives shows how bigamy should not be dismissed as a comical or victimless crime. Every case had its own complex mix of desire and deception, and, all too often, heartbreak for someone.

Stories of Bigamy in England and Wales, 1604-2024

Double Lives

Oxford Monographs on Criminal Law and Justice

The U.S. Supreme Court maintains that prosecutorial discretion to charge different offenses authorized by the penal code is practically limited only by the penal code itself. Because typical offense conduct violates multiple statutes carrying different maximum – and minimum – sentences, by choosing the charge, the prosecution commonly also chooses the sentence. The Court, however, holds that when judges exercise sentencing discretion, due process requires impeccable neutrality and adversary hearings. Sentencing Discretion and the Constitution: Due Process of Time addresses the fundamental incompatibility of the U.S. Supreme Court's approach to the sentencing power of judges as compared to prosecutors. The Court says that when prosecutors induce a guilty plea by filing lesser charges than the code allows, the defendant is getting a break rather than being strong-armed. This doctrinal fiction persists because neither dissenting justices nor academic critics have yet justified a baseline by which the infliction of years – or even decades – in prison for refusing to plead guilty or to provide information, should be treated as a coercive threat rather than an offer permitted in the "give and take" of plea bargaining. In theory, the charges filed should be proportional to culpability, not the most severe the code permits. This raises another hard problem: theorists have not to date advanced a persuasive account of proportionate punishment. Unlike prior works, Sentencing Discretion and the Constitution exposes the connections between these problems and proposes a unified solution. The right against excessive punishment, like the right against erroneous conviction, is best understood as a right to procedural justice. More broadly, curtailing prosecutorial sentencing is an essential step toward curtailing mass incarceration – a problem that otherwise is more likely to get worse than better. This book will be of interest to readers concerned with plea bargaining, sentencing, constitutional law, legal history, and criminal law theory.

Due Process of Time

Sentencing Discretion and the Constitution

Contemporary Studies in Corporate Law

This book provides histories of company law, uniting a variety of approaches from law, business and management, economics, and history. What were the origins of company law? How did it begin? Why did it change? There is no single answer to these questions. Each discipline, and sub-discipline, has a different approach and method that brings different facets of study to the fore. This multidisciplinary endeavour is immensely valuable for debates taking place now among policy-makers in the UK and US about returning to historic modes of company regulation. The book brings together Anglo-American scholarship that will not only shed greater light on the history of company law but also influence contemporary debates about our ability to return to, or learn from, the past. Historical research has great value here because it not only generates new insights into the evolution of present legal rules, but also corrects misunderstandings and misapprehensions about them. The book shows how this body of law developed to become the rules with which we are now familiar. It showcases antecedents of present debates, reveals regulatory lessons from previous legal regimes, identifies instances of path dependency, unpicks pivotal legal events, and explains drivers for legal change. The chapters re-evaluate the history of company law, and the knowledge gathered here will inform the law-making and policy-making agenda.

Methods and Approaches

The Origins of Company Law

“Yellowstone meets Matlock” (Tom Clavin) in this dazzling tale of land lust and the American West, chronicling the rise and fall of a wind farm that triggers a 21st century range war between a struggling fifth-generation rancher and the billionaires next door. Most locals in Big Timber, Montana, learn to live with the wind. Rick Jarrett sought his fortune in it. Like his pioneer ancestors who staked their claims in the Treasure State, he believed in his right to make a living off the land—and its most precious resource, million-dollar wind. Trouble was, Jarrett’s neighbors were some of the wealthiest and most influential men in America, trophy ranchers who’d come west to enjoy magnificent mountain views, not stare at five-hundred-foot wind turbines. So began an epic showdown that would pull in an ever-widening cast of characters, including a Texas oil and gas tycoon, a roguish wind prospector, a Crow activist fighting for his tribe’s rights to the mountains they hold sacred, and an Olympic athlete-turned-attorney whose path to redemption would lead to Jarrett’s wind farm. A wildly entertaining yarn, the brawl over Crazy Mountain Wind would become a fight over the values that define us as Americans, even as the most coveted rangeland in the West was threatened by forces more powerful than anything one man could muster: record drought, raging wildfires, dwindling snowpack. “An epic tale of greed and resilience,” The Crazies “has the power to leave you feeling walloped, whip-sawed, and wildly invigorated, all within the same breath” (Kevin Fedarko, New York Times bestselling author of A Walk in the Park). It’s an exquisitely reported, ruggedly beautiful western for a warming planet—and a bighearted inquiry into how you can love a place so much you risk destroying it.

The Cattleman, the Wind Prospector, and a War Out West

The Crazies

Americans of all political stripes are becoming increasingly frustrated with the partisanship of present-day politics. Democrats and Republicans alike claim mandates on narrow margins of victory and are quick to condemn their opponents as enemies of the public good. The Framers of the Constitution understood that such divisions are rooted in the political factions inherent in democracy. Their solutions were federalism, the separation of powers, bicameralism, judicial review and other structural constraints on majority rule. Over the course of US history some of those constraints have been eroded as American politics have become more democratic and less respectful of the liberties and freedoms the Framers sought to protect. American Factions advocates for a renewed understanding of the problem of political factions and a restoration of the Constitution's limits to revive a politics of compromise and bipartisanship.

How the US Constitution Can End Extreme Partisanship

American Factions

First published in 1967, this work is an account of a process: of the way in which the treatment of the child delinquent has developed from the days when a boy of nine could be sentenced to be hanged for stealing two penny worth of paint (though the sentence, imposed in 1833, was not actually carried out.) to the controversies of the time.

Social Policy and the Young Delinquent

Scholars of Commercial Law

The Failure of Diplomacy

Instruments of Peacemaking 1918-1941

Epidemics and the Law from Plague to the Present

What the Seasons of History Tell Us about How and When This Crisis Will End

The Fourth Turning Is Here

Supreme Pressure

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