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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

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

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

Against the Profit MotiveThe Salary Revolution in American Government, 1780-1940

Against the Profit Motive: The Salary Revolution in American Government, 1780-1940

Nicholas R. Parrillo

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300176582
eISBN:
9780300187304
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300176582.001.0001
Subject:
Law, Legal History

In America today, a public official's lawful income consists of a salary. But until a century ago, the law frequently authorized officials to make money on a profit-seeking basis. Prosecutors won a ... More

Hollow JusticeA History of Indigenous Claims in the United States

Hollow Justice: A History of Indigenous Claims in the United States

David E. Wilkins

Published in print:
2013
Published Online:
January 2014
ISBN:
9780300119268
eISBN:
9780300186000
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300119268.001.0001
Subject:
Law, Legal History

This book explores Native American claims against the United States government over the past two centuries. Despite the federal government's multiple attempts to redress indigenous claims, a close ... More

The Colorado Doctrine

The Colorado Doctrine

David Schorr

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300134476
eISBN:
9780300189049
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300134476.001.0001
Subject:
Law, Legal History

Making extensive use of archival and other primary sources, this book demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical ... More

Ordering the CityLand Use, Policing, and the Restoration of Urban America

Ordering the City: Land Use, Policing, and the Restoration of Urban America

Nicole Stelle Garnett

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300124941
eISBN:
9780300155051
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300124941.001.0001
Subject:
Law, Legal History

This book highlights the multiple, often overlooked, and frequently misunderstood connections between land use and development policies and policing practices. In order to do so, it draws upon ... More

A Right to Discriminate?How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association

A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association

Andrew Koppelman and Tobias Wolff

Published in print:
2009
Published Online:
October 2013
ISBN:
9780300121278
eISBN:
9780300155921
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300121278.001.0001
Subject:
Law, Legal History

Should the Boy Scouts of America and other noncommercial associations have a right to discriminate when selecting their members? Does the state have a legitimate interest in regulating the membership ... More

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