Kategoria BISAC: Law >> Administrative Law & Regulatory Practice

"Americanization of the Common Law" remains one of the standard works on the transformation of law in America from the late colonial period to the end of the early republic. In a straightforward manner, William E. Nelson analyzes the profound ideological movement that grew out of the American Revolution and caused substantial structural change in the legal and social order of Massachusetts and, by extension, in the nation at large. The Revolution, Nelson argues, transformed a hierarchical and communitarian legal and social order into an egalitarian and individualistic one.

For this...

Seeking to fill a gap in our knowledge of the legal history of the nineteenth century, this volume studies the influence of Roman and civil law upon the development of common law jurisdictions in the United States and in Great Britain. M. H. Hoeflich examines the writings of a variety of prominent Anglo-American legal theorists to show how Roman and civil law helped common law thinkers develop their own theories.

Intellectual leaders in law in the United States and Great Britain used Roman and civil law in different ways at different times. The views of these lawyers were greatly...

Is music property? Under what circumstances can music be stolen? Such questions lie at the heart of Joanna Demers's timely look at how overzealous intellectual property (IP) litigation both stifles and stimulates musical creativity. A musicologist, industry consultant, and musician, Demers dissects works that have brought IP issues into the mainstream culture, such as DJ Danger Mouse's "Grey Album" and Mike Batt's homage-gone-wrong to John Cage's silent composition "4'33." Demers also discusses such artists as Ice Cube, DJ Spooky, and John Oswald, whose creativity is sparked by their...

A collection of essays on the problems created in the Law of Trusts by social changes in England.

Professor Rideout reviews the laws concerning trade unionism by presenting case surveys and comparing British, American and Commonwealth laws. He is particularly concerned with the right of admission to membership and the regulation of disciplinary proceedings, and speculates on future developments in trade union law.

Should the law be praised or cursed for what it has done to the American Indian?

Using American legal history, politics and jurisprudence, this study considers the degree to which American courts have maintained their autonomy and withstood political pressure, when the sovereignty and property rights of Native American tribes were at issue.

In 1879, a chief of the Ponca tribe, when released from military custody by an order of a U.S. district court, pronounced the use of law "a better way" to redress Indian grievances. This study explores the development of legal doctrine...

The history of European expansion overseas also includes the history of the expansion of concepts and principles of European law into the non-European world. The values and ideas it expressed have, to this day, deeply influenced indigenous societies and governments. At the same time indigenous concepts of law were 'discovered' and codified by European scholars. The outcome of this was a complex and intense interaction between European and local concepts of law, which resulted in many dual legal systems in the African and Asian colonies and which is examined in this volume by prominent...