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The Nature Of The Judicial Process
''The Nature of the Judicial Process'' is a legal classic written by Associate Justice of the United States Supreme Court, and New York Court of Appeals Chief Justice Benjamin N. Cardozo in 1921. It was compiled from The Storrs Lectures delivered at Yale Law School earlier that year. Summary The central question of ''The Nature of the Judicial Process'' is how judges should decide cases. Cardozo's answer is that judges should do what they have always done in the Anglo-American legal tradition, namely, follow and apply the law in easy cases, and make new law in hard cases by balancing competing considerations, including the paramount value of social welfare. Cardozo identifies four leading methods of legal analysis: (1) the method of logic (or “analogy,” or “philosophy”), which seeks to extend legal principles in ways that preserve logical consistency; (2) the method of history (or “evolution”), which adverts to the historical origins of the legal rule or concept; (3 ...
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Benjamin N
Benjamin ( he, ''Bīnyāmīn''; "Son of (the) right") blue letter bible: https://www.blueletterbible.org/lexicon/h3225/kjv/wlc/0-1/ H3225 - yāmîn - Strong's Hebrew Lexicon (kjv) was the last of the two sons of Jacob and Rachel (Jacob's thirteenth child and twelfth and youngest son) in Jewish, Christian and Islamic tradition. He was also the progenitor of the Israelite Tribe of Benjamin. Unlike Rachel's first son, Joseph, Benjamin was born in Canaan according to biblical narrative. In the Samaritan Pentateuch, Benjamin's name appears as "Binyamēm" (Samaritan Hebrew: , "son of days"). In the Quran, Benjamin is referred to as a righteous young child, who remained with Jacob when the older brothers plotted against Joseph. Later rabbinic traditions name him as one of four ancient Israelites who died without sin, the other three being Chileab, Jesse and Amram. Name The name is first mentioned in letters from King Sîn-kāšid of Uruk (1801–1771 BC), who called himself “King ...
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Herbert Vere Evatt
Herbert Vere Evatt, (30 April 1894 – 2 November 1965) was an Australian politician and judge. He served as a judge of the High Court of Australia from 1930 to 1940, Attorney-General and Minister for External Affairs from 1941 to 1949, and leader of the Australian Labor Party (ALP) and Leader of the Opposition from 1951 to 1960. Evatt is considered one of Australia's most prominent public intellectuals of the twentieth century. Evatt was born in East Maitland, New South Wales, and grew up on Sydney's North Shore. He studied law at the University of Sydney, attaining the degree of Doctor of Laws (LL.D.) in 1924. After a period in the New South Wales Legislative Assembly (1925–1930), Evatt was appointed to the High Court in 1930 by the Scullin Government. He was 36 years old, and remains the youngest appointee in the court's history. He was considered an innovative judge, but left the court to seek election to federal parliament at the 1940 federal election. In 1941, the ...
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Theories
A theory is a rational type of abstract thinking about a phenomenon, or the results of such thinking. The process of contemplative and rational thinking is often associated with such processes as observational study or research. Theories may be scientific, belong to a non-scientific discipline, or no discipline at all. Depending on the context, a theory's assertions might, for example, include generalized explanations of how nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings. In modern science, the term "theory" refers to scientific theories, a well-confirmed type of explanation of nature, made in a way consistent with the scientific method, and fulfilling the criteria required by modern science. Such theories are described in such a way that scientific tests should be able to provide empirical support for it, or empirical contradiction (" falsify") of it. Scientific theories are the most reliable, rigorous, and comp ...
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Internet Archive
The Internet Archive is an American digital library with the stated mission of "universal access to all knowledge". It provides free public access to collections of digitized materials, including websites, software applications/games, music, movies/videos, moving images, and millions of books. In addition to its archiving function, the Archive is an activist organization, advocating a free and open Internet. , the Internet Archive holds over 35 million books and texts, 8.5 million movies, videos and TV shows, 894 thousand software programs, 14 million audio files, 4.4 million images, 2.4 million TV clips, 241 thousand concerts, and over 734 billion web pages in the Wayback Machine. The Internet Archive allows the public to upload and download digital material to its data cluster, but the bulk of its data is collected automatically by its web crawlers, which work to preserve as much of the public web as possible. Its web archive, the Wayback Machine, contains hundreds of b ...
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Drypoint
Drypoint is a printmaking technique of the intaglio family, in which an image is incised into a plate (or "matrix") with a hard-pointed "needle" of sharp metal or diamond point. In principle, the method is practically identical to engraving. The difference is in the use of tools, and that the raised ridge along the furrow is not scraped or filed away as in engraving. Traditionally the plate was copper, but now acetate, zinc, or plexiglas are also commonly used. Like etching, drypoint is easier to master than engraving for an artist trained in drawing because the technique of using the needle is closer to using a pencil than the engraver's burin. The term is also used for inkless scratched inscriptions, such as glosses in manuscripts. Lines and burrs The lines produced by printing a drypoint are formed by the burr thrown up at the edge of the incised lines, in addition to the depressions formed in the surface of the plate. A larger burr, formed by a steep angle of the tool, wil ...
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Yale University
Yale University is a Private university, private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the List of Colonial Colleges, third-oldest institution of higher education in the United States and among the most prestigious in the world. It is a member of the Ivy League. Chartered by the Connecticut Colony, the Collegiate School was established in 1701 by clergy to educate Congregationalism in the United States, Congregational ministers before moving to New Haven in 1716. Originally restricted to theology and sacred languages, the curriculum began to incorporate humanities and sciences by the time of the American Revolution. In the 19th century, the college expanded into graduate and professional instruction, awarding the first Doctor of Philosophy, PhD in the United States in 1861 and organizing as a university in 1887. Yale's faculty and student populations grew after 1890 with rapid expansion of the physical campus and sc ...
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Harvard University Press
Harvard University Press (HUP) is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. It is a member of the Association of American University Presses. After the retirement of William P. Sisler in 2017, the university appointed as Director George Andreou. The press maintains offices in Cambridge, Massachusetts near Harvard Square, and in London, England. The press co-founded the distributor TriLiteral LLC with MIT Press and Yale University Press. TriLiteral was sold to LSC Communications in 2018. Notable authors published by HUP include Eudora Welty, Walter Benjamin, E. O. Wilson, John Rawls, Emily Dickinson, Stephen Jay Gould, Helen Vendler, Carol Gilligan, Amartya Sen, David Blight, Martha Nussbaum, and Thomas Piketty. The Display Room in Harvard Square, dedicated to selling HUP publications, closed on June 17, 2009. Related publishers, imprints, and series HUP owns the Belknap Press ...
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James M
James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (other), various kings named James * Saint James (other) * James (musician) * James, brother of Jesus Places Canada * James Bay, a large body of water * James, Ontario United Kingdom * James College, a college of the University of York United States * James, Georgia, an unincorporated community * James, Iowa, an unincorporated community * James City, North Carolina * James City County, Virginia ** James City (Virginia Company) ** James City Shire * James City, Pennsylvania * St. James City, Florida Arts, entertainment, and media * ''James'' (2005 film), a Bollywood film * ''James'' (2008 film), an Irish short film * ''James'' (2022 film), an Indian Kannada-language film * James the Red Engine, a character in ''Tho ...
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Felix Frankfurter
Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judicial restraint in its judgements. Frankfurter was born in Vienna, immigrating to New York City at the age of 12. After graduating from Harvard Law School, Frankfurter worked for Henry L. Stimson, the U.S. Secretary of War. During World War I, Frankfurter served as Judge Advocate General. After the war, he helped found the American Civil Liberties Union and returned to his position as a professor at Harvard Law School. He became a friend and adviser of President Franklin D. Roosevelt, who appointed him to fill the Supreme Court vacancy caused by the death of Benjamin N. Cardozo. Although Frankfurter's personal political views were strongly liberal, his experience with the Supreme Court's ''Lochner ''era in which conservative justices ...
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Arthur L
Arthur is a common male given name of Brythonic origin. Its popularity derives from it being the name of the legendary hero King Arthur. The etymology is disputed. It may derive from the Celtic ''Artos'' meaning “Bear”. Another theory, more widely believed, is that the name is derived from the Roman clan '' Artorius'' who lived in Roman Britain for centuries. A common spelling variant used in many Slavic, Romance, and Germanic languages is Artur. In Spanish and Italian it is Arturo. Etymology The earliest datable attestation of the name Arthur is in the early 9th century Welsh-Latin text ''Historia Brittonum'', where it refers to a circa 5th to 6th-century Briton general who fought against the invading Saxons, and who later gave rise to the famous King Arthur of medieval legend and literature. A possible earlier mention of the same man is to be found in the epic Welsh poem ''Y Gododdin'' by Aneirin, which some scholars assign to the late 6th century, though this is still a ...
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Warren Seavey
A warren is a network of wild rodent or lagomorph, typically rabbit burrows. Domestic warrens are artificial, enclosed establishment of animal husbandry dedicated to the raising of rabbits for meat and fur. The term evolved from the medieval Anglo-Norman concept of free warren, which had been, essentially, the equivalent of a hunting license for a given woodland. Architecture of the domestic warren The cunicularia of the monasteries may have more closely resembled hutches or pens, than the open enclosures with specialized structures which the domestic warren eventually became. Such an enclosure or ''close'' was called a ''cony-garth'', or sometimes ''conegar'', ''coneygree'' or "bury" (from "burrow"). Moat and pale To keep the rabbits from escaping, domestic warrens were usually provided with a fairly substantive moat, or ditch filled with water. Rabbits generally do not swim and avoid water. A '' pale'', or fence, was provided to exclude predators. Pillow mounds The most c ...
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Irving Lehman
Irving Lehman (January 28, 1876 – September 22, 1945) was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1940 until his death in 1945. Biography He was born on January 28, 1876, in New York City to Mayer Lehman (d. 1897) and Babette Newgass and raised Jewish. Future New York State governor and United States Senator Herbert H. Lehman was his brother. He graduated with an A.B. from Columbia College in 1896 and an LL.B. from Columbia University Law School in 1898. He was a justice of the New York Supreme Court from 1909 to 1923, elected in 1908 on the Democratic ticket, and re-elected in 1922 on the Democratic and Republican tickets. In 1923, he was elected on the Democratic and Republican tickets to a 14-year term on the New York Court of Appeals, and re-elected in 1937. In 1939, he was elected Chief Judge of the Court of Appeals on the Democratic, Republican and American Labor tickets, and remained on the bench unti ...
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