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What Obergefell v. Hodges Should Have SaidThe Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision

What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision

Jack M. Balkin (ed.)

Published in print:
2020
Published Online:
May 2021
ISBN:
9780300221558
eISBN:
9780300255782
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300221558.001.0001
Subject:
Law, Legal History

The authors of this book, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive ... More

The Yale Law School Guide to Research in American Legal History

The Yale Law School Guide to Research in American Legal History

John B Nann and Morris L Cohen

Published in print:
2018
Published Online:
May 2019
ISBN:
9780300118537
eISBN:
9780300235685
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300118537.001.0001
Subject:
Law, Legal History

The study of legal history has a broad application that extends well beyond the interests of legal historians. An attorney arguing a case today may need to cite cases that are decades or even ... More

MetamorphosisHow to Transform Punishment in America

Metamorphosis: How to Transform Punishment in America

Robert A. Ferguson

Published in print:
2018
Published Online:
September 2018
ISBN:
9780300230833
eISBN:
9780300235296
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300230833.001.0001
Subject:
Law, Criminal Law and Criminology

In the past few years, the need for prison reform in America has reached the level of a consensus. We agree that many prison terms are too long, especially for nonviolent drug offenders; that ... More

Law and the UnconsciousA Psychoanalytic Perspective

Law and the Unconscious: A Psychoanalytic Perspective

Anne C. Dailey

Published in print:
2017
Published Online:
May 2018
ISBN:
9780300188837
eISBN:
9780300190083
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300188837.001.0001
Subject:
Law, Criminal Law and Criminology

This book establishes the vital relevance of contemporary psychoanalysis to law. Our legal system is predicated on the idea that people act rationally and of their own free will. Yet the facts of ... More

Justice and EmpathyToward a Constitutional Ideal

Justice and Empathy: Toward a Constitutional Ideal

Robert A. Burt

Frank Iacobucci (ed.)

Published in print:
2017
Published Online:
May 2018
ISBN:
9780300224269
eISBN:
9780300231854
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300224269.001.0001
Subject:
Law, Constitutional and Administrative Law

The Supreme Court long considered its highest mission to be the protection of individual liberty from intrusion by government, but the court shifted its focus to social and economic equality. This ... More

The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

The Criterion for Distinguishing Legal Opinions from Judicial Rulings and the Administrative Acts of Judges and Rulers

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 ... More

Defaming the Dead

Defaming the Dead

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 ... More

The New EugenicsSelective Breeding in an Era of Reproductive Technologies

The New Eugenics: Selective Breeding in an Era of Reproductive Technologies

Judith Daar

Published in print:
2017
Published Online:
September 2017
ISBN:
9780300137156
eISBN:
9780300229035
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300137156.001.0001
Subject:
Law, Medical Law

A provocative examination of how unequal access to reproductive technology replays the sins of the eugenics movement. Eugenics, the effort to improve the human species by inhibiting reproduction of ... More

Inventing American ExceptionalismThe Origins of American Adversarial Legal Culture, 1800-1877

Inventing American Exceptionalism: The Origins of American Adversarial Legal Culture, 1800-1877

Amalia D. Kessler

Published in print:
2017
Published Online:
May 2017
ISBN:
9780300198072
eISBN:
9780300224849
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300198072.001.0001
Subject:
Law, Legal History

It is widely accepted that American procedure—and indeed American legal culture as a whole—are adversarial (and distinctively so). Yet, precisely because this assumption is so deep-rooted, we have ... More

The Face That Launched a Thousand LawsuitsThe American Women Who Forged a Right to Privacy

The Face That Launched a Thousand Lawsuits: The American Women Who Forged a Right to Privacy

Jessica Lake

Published in print:
2016
Published Online:
May 2017
ISBN:
9780300214222
eISBN:
9780300225303
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300214222.001.0001
Subject:
Law, Legal History

The advent of the photographic and cinematic camera in the mid to late 19th century caused new harms to individuals (particularly women), which existing laws (copyright, defamation, trespass) were ... More

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