No Equal in the World: An Interpretation of the Academic Presidency, Jospeh N. Crowley
Автор: Burton, Steven J. Название: Elements of Contract Interpretation ISBN: 0195337492 ISBN-13(EAN): 9780195337495 Издательство: Oxford Academ Рейтинг: Цена: 92930.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties' agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing between the rival interpretations. Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the agreement's literal terms, or the parties' objective or subjective intentions. Steven J. Burton's undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts' consideration.
In Motherless Tongues, Vicente L. Rafael examines the vexed relationship between language and history gleaned from the workings of translation in the Philippines, the United States, and beyond. Moving across a range of colonial and postcolonial settings, he demonstrates translation's agency in the making and understanding of events. These include nationalist efforts to vernacularize politics, U.S. projects to weaponize languages in wartime, and autobiographical attempts by area studies scholars to translate the otherness of their lives amid the Cold War. In all cases, translation is at war with itself, generating divergent effects. It deploys as well as distorts American English in counterinsurgency and colonial education, for example, just as it re-articulates European notions of sovereignty among Filipino revolutionaries in the nineteenth century and spurs the circulation of text messages in a civilian-driven coup in the twenty-first. Along the way, Rafael delineates the untranslatable that inheres in every act of translation, asking about the politics and ethics of uneven linguistic and semiotic exchanges. Mapping those moments where translation and historical imagination give rise to one another, Motherless Tongues shows how translation, in unleashing the insurgency of language, simultaneously sustains and subverts regimes of knowledge and relations of power.
Автор: Russell W. Dalton Название: Children`s Bibles in America: A Reception History of the Story of Noah`s Ark in US Children`s Bibles ISBN: 056766015X ISBN-13(EAN): 9780567660152 Издательство: Bloomsbury Academic Рейтинг: Цена: 137280.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Children's Bibles have been among the most popular and influential types of religious publications in the United States, providing many Americans with their first formative experiences of the Bible and its stories. In Children's Bibles in America, Russell W. Dalton explores the variety of ways in which children's Bibles have adapted, illustrated, and retold Bible stories for children throughout U.S. history. This reception history of the story of Noah as it appears in children's Bibles provides striking examples of the multivalence and malleability of biblical texts, and offers intriguing snapshots of American culture and American religion in their most basic forms. Dalton demonstrates the ways in which children’s Bibles reflect and reveal America’s diverse and changing beliefs about God, childhood, morality, and what must be passed on to the next generation. Dalton uses the popular story of Noah's ark as a case study, exploring how it has been adapted and appropriated to serve in a variety of social agendas. Throughout America's history, the image of God in children’s Bible adaptations of the story of Noah has ranged from that of a powerful, angry God who might destroy children at any time to that of a friendly God who will always keep children safe. At the same time, Noah has been lifted up as a model of virtues ranging from hard work and humble obedience to patience and positive thinking. Dalton explores these uses of the story of Noah and more as he engages the fields of biblical studies, the history of religion in America, religious education, childhood studies, and children's literature.
Автор: Scalia Antonin Название: A Matter of Interpretation: Federal Courts and the Law ISBN: 0691174040 ISBN-13(EAN): 9780691174044 Издательство: Wiley Рейтинг: Цена: 17940.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo ) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.
This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics.
Featuring a new foreword that discusses Scalia's impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
As the notoriously reluctant author of the Bill of Rights, James Madison has had a profound influence on the American government and legal system. This original study examines Madison's writings and speeches to explain his views of human nature and his political philosophy. Politicians, scholars, and even Supreme Court justices often look to Madison's broader body of work for guidance when interpreting the Bill of Rights. Here, Kasper presents an unusually thorough explanation of Madison's vision of the Bill of Rights in the context of his complete body of political thought. Unlike other studies of Madison, To Secure the Liberty of the People not only explores the breadth and depth of Madison's own writings, but also presents a thoughtful look at the philosophers and writers who influenced the Father of the Bill of Rights. Additionally, and perhaps most valuably, Kasper provides a unique examination of modern-era Supreme Court justices and the ways in which they have correctly or incorrectly cited Madison and his original intent in their own opinions. This fascinating analysis shows the enduring vibrancy of Madison's thought—even when misinterpreted—and his ongoing importance in American political thought. Legal historians, legal scholars, and political scientists will find satisfying new perspectives on Madison in this impeccably researched book.
Автор: Levy-Hussen Aida Название: How to Read African American Literature: Post-Civil Rights Fiction and the Task of Interpretation ISBN: 1479890944 ISBN-13(EAN): 9781479890941 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 74410.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: How to Read African American Literature offers a series of provocations to unsettle the predominant assumptions readers make when encountering post-Civil Rights black fiction. Foregrounding the large body of literature and criticism that grapples with legacies of the slave past, Aida Levy-Hussen’s argument develops on two levels: as a textual analysis of black historical fiction, and as a critical examination of the reading practices that characterize the scholarship of our time. Drawing on psychoanalysis, memory studies, and feminist and queer theory, Levy-Hussen examines how works by Toni Morrison, David Bradley, Octavia Butler, Charles Johnson, and others represent and mediate social injury and collective grief. In the criticism that surrounds these novels, she identifies two major interpretive approaches: “therapeutic reading” (premised on the assurance that literary confrontations with historical trauma will enable psychic healing in the present), and “prohibitive reading” (anchored in the belief that fictions of returning to the past are dangerous and to be avoided). Levy-Hussen argues that these norms have become overly restrictive, standing in the way of a more supple method of interpretation that recognizes and attends to the indirect, unexpected, inconsistent, and opaque workings of historical fantasy and desire. Moving beyond the question of whether literature must heal or abandon historical wounds, Levy-Hussen proposes new ways to read African American literature now.
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