Harvard Law Review: Volume 129, Number 3 - January 2016

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Publisher : Quid Pro Books
ISBN 13 : 1610278135
Total Pages : 344 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 129, Number 3 - January 2016 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 129, Number 3 - January 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-01-10 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The January 2016 issue, Number 3, features these contents: • Article, "Presidential Intelligence," by Samuel J. Rascoff • Book Review, "The Struggle for Administrative Legitimacy," by Jeremy K. Kessler (on Daniel Ernst's book about the administrative state) • Note, "Existence-Value Standing" • Note, "Rethinking Closely Regulated Industries" In addition, student commentary analyzes Recent Cases on compelled disclosures in commercial speech; due process notice of procedures to challenge a local ordinance; standing after liquidation actions taken under Dodd-Frank; exaction and takings by acquiring equity shares in AIG; religious liberty after Hobby Lobby; bias-intimidation laws and mens rea; and whether document production is the 'practice of law' under labor law. The issue includes analysis of a Recent Court Filing by the DOJ supporting a meaningful juvenile right to counsel. Finally, the issue includes comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the third issue of academic year 2015-2016.

Harvard Law Review: Volume 129, Number 6 - April 2016

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Publisher : Quid Pro Books
ISBN 13 : 1610278011
Total Pages : 510 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 129, Number 6 - April 2016 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 129, Number 6 - April 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-04-10 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: The April 2016 issue, Number 6, is the annual Developments in the Law special issue. The topic of this extensive contribution is "Indian Law," including specific focus on tribal executive branches, tribal authority to follow fresh pursuit onto nontribal land, reconsidering ICRA and rights, securing Indian voting rights, and indigenous people and extractive industries. In addition, the issue features these contents: • Article, "Reconstructivism: The Place of Criminal Law in Ethical Life," by Joshua Kleinfeld • Essay, "Rule of Law Tropes in National Security," by Shirin Sinnar • Book Review, "Coming into the Anthropocene," by Jedediah Purdy Furthermore, student commentary analyzes Recent Cases on excessive force and SWAT raids after "perfunctory" investigation; prior restraints and injunctions under copyright law; individual liability of FBI agents for detention of citizens abroad; religious establishment and display of the Ten Commandments; and charter schools as violations of state constitutional law. Finally, the issue includes four brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the sixth issue of academic year 2015-2016.

Tocqueville's Nightmare

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Publisher :
ISBN 13 : 0199920869
Total Pages : 241 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst

Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by . This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.

Harvard Law Review: Volume 129, Number 8 - June 2016

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Publisher : Quid Pro Books
ISBN 13 : 1610277902
Total Pages : 460 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 129, Number 8 - June 2016 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 129, Number 8 - June 2016 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2016-06-10 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The June 2016 issue, Number 8, features these contents: • Article, "Systemic Facts: Toward Institutional Awareness in Criminal Courts," by Andrew Manuel Crespo • Book Review, "Fixing Statutory Interpretation," by Brett M. Kavanaugh • Book Review, "Knowledge and Politics in International Law," by Samuel Moyn • Note, "Major Question Objections" • Note, "Chinese Common Law? Guiding Cases and Judicial Reform" • Note, "OSHA’s Feasibility Policy: The Implications of the ‘Infeasibility’ of Respirators" Furthermore, student commentary analyzes Recent Cases on sex-discrimination implications of gender-normed FBI fitness requirements; trademark law and the antidisparagement rule as a constitutional problem; practical elimination of the adverse-interest exception as a defense to fraud-on-the-market claims; deference to administrative agency’s amicus brief’s interpretation of student-loan regulations; parties' analysis of fair use before issuing copyright-violation takedown notice; causation standards for penalty enhancement in Controlled Substances Act cases; and admiralty jurisdiction and removal to federal court after a 2011 amendment to 28 USC § 1441. Finally, the issue includes several brief comments on Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible graphics from the original, and proper ebook and Bluebook formatting. The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions. This is the eighth and final issue of academic year 2015-2016.

Harvard Law Review: Volume 130, Number 3 - January 2017

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Publisher : Quid Pro Books
ISBN 13 : 1610277821
Total Pages : 371 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review: Volume 130, Number 3 - January 2017 by : Harvard Law Review

Download or read book Harvard Law Review: Volume 130, Number 3 - January 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-01-11 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Family Law in a Changing America

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Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 1048 pages
Book Rating : 4.8/5 (89 download)

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Book Synopsis Family Law in a Changing America by : Douglas NeJaime

Download or read book Family Law in a Changing America written by Douglas NeJaime and published by Aspen Publishing. This book was released on 2024 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Casebook for law students studying Family Law"--

Law and Macroeconomics

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Publisher : Harvard University Press
ISBN 13 : 0674976053
Total Pages : 281 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Law and Macroeconomics by : Yair Listokin

Download or read book Law and Macroeconomics written by Yair Listokin and published by Harvard University Press. This book was released on 2019-03-11 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A distinguished Yale economist and legal scholar’s argument that law, of all things, has the potential to rescue us from the next economic crisis. After the economic crisis of 2008, private-sector spending took nearly a decade to recover. Yair Listokin thinks we can respond more quickly to the next meltdown by reviving and refashioning a policy approach whose proven success is too rarely acknowledged. Harking back to New Deal regulatory agencies, Listokin proposes that we take seriously law’s ability to function as a macroeconomic tool, capable of stimulating demand when needed and relieving demand when it threatens to overheat economies. Listokin makes his case by looking at both positive and cautionary examples, going back to the New Deal and including the Keystone Pipeline, the constitutionally fraught bond-buying program unveiled by the European Central Bank at the nadir of the Eurozone crisis, the ongoing Greek crisis, and the experience of U.S. price controls in the 1970s. History has taught us that law is an unwieldy instrument of macroeconomic policy, but Listokin argues that under certain conditions it offers a vital alternative to the monetary and fiscal policy tools that stretch the legitimacy of technocratic central banks near their breaking point while leaving the rest of us waiting and wallowing.

The Expressive Powers of Law

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Publisher : Harvard University Press
ISBN 13 : 0674967208
Total Pages : 335 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Expressive Powers of Law by : Richard H. McAdams

Download or read book The Expressive Powers of Law written by Richard H. McAdams and published by Harvard University Press. This book was released on 2015-02-09 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics

Harvard Law Review

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Publisher : Quid Pro Books
ISBN 13 : 1610278801
Total Pages : 561 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis Harvard Law Review by : Harvard Law Review

Download or read book Harvard Law Review written by Harvard Law Review and published by Quid Pro Books. This book was released on 2013-05-03 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 7 include a Symposium on privacy and several contributions from leading legal scholars: Article, "Agency Self-Insulation Under Presidential Review," by Jennifer Nou Commentary, "The Office of Information and Regulatory Affairs: Myths and Realities," by Cass R. Sunstein SYMPOSIUM: PRIVACY AND TECHNOLOGY "Introduction: Privacy Self-Management and the Consent Dilemma," by Daniel J. Solove "What Privacy Is For," by Julie E. Cohen "The Dangers of Surveillance," by Neil M. Richards "The EU-U.S. Privacy Collision: A Turn to Institutions and Procedures," by Paul M. Schwartz "Toward a Positive Theory of Privacy Law," by Lior Jacob Strahilevitz Book Review, "Does the Past Matter? On the Origins of Human Rights," by Philip Alston A student Note explores "Enabling Television Competition in a Converged Market." In addition, extensive student analyses of Recent Cases discuss such subjects as First Amendment implications of falsely wearing military uniforms, First Amendment implications of public employment job duties, justiciability of claims that Scientologists violated trafficking laws, habeas corpus law, and ineffective assistance of counsel claims. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2000 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is May 2013, the 7th issue of academic year 2012-2013 (Volume 126).

The Right of Publicity

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Publisher : Harvard University Press
ISBN 13 : 0674986350
Total Pages : 170 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis The Right of Publicity by : Jennifer Rothman

Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

The Trolley Problem Mysteries

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Publisher : Oxford University Press
ISBN 13 : 0190247150
Total Pages : 273 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Trolley Problem Mysteries by : Frances Myrna Kamm

Download or read book The Trolley Problem Mysteries written by Frances Myrna Kamm and published by Oxford University Press. This book was released on 2016 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous treatment of a thought experiment that has become notorious within and outside of philosophy - The Trolley Problem - by one of the most influential moral philosophers alive today Suppose you can stop a trolley from killing five people, but only by turning it onto a side track where it will kill one. May you turn the trolley? What if the only way to rescue the five is to topple a bystander in front of the trolley so that his body stops it but he dies? May you use a device to stop the trolley that will kill a bystander as a side effect? The "Trolley Problem" challenges us to explain and justify our different intuitive judgments about these and related cases and has spawned a huge literature. F.M. Kamm's 2013 Tanner Lectures present some of her views on this notorious moral conundrum. After providing a brief history of changing views of what the problem is about and attempts to solve it, she focuses on two prominent issues: Does who turns the trolley and how the harm is shifted affect the moral permissibility of acting? The answers to these questions lead to general proposals about when we may and may not harm some to help others. Three distinguished philosophers - Judith Jarvis Thomson (one of the originators of the trolley problem), Thomas Hurka, and Shelly Kagan - then comment on Kamm's proposals. She responds to each comment at length, providing an exceptionally rich elaboration and defense of her views. The Trolley Problem Mysteries is an invaluable resource not only to philosophers concerned about the Trolley Problem, but to anyone worried about how we ought to act when we can lessen harm to some by harming others and how we can reach a decision about the question.

The Antitrust Paradox

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Publisher :
ISBN 13 : 9781736089712
Total Pages : 536 pages
Book Rating : 4.0/5 (897 download)

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Book Synopsis The Antitrust Paradox by : Robert Bork

Download or read book The Antitrust Paradox written by Robert Bork and published by . This book was released on 2021-02-22 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.

Legal Orientalism

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Publisher : Harvard University Press
ISBN 13 : 0674075781
Total Pages : 358 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Legal Orientalism by : Teemu Ruskola

Download or read book Legal Orientalism written by Teemu Ruskola and published by Harvard University Press. This book was released on 2013-06-03 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

Crisis and Legitimacy

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Publisher : Cambridge University Press
ISBN 13 : 9780521293808
Total Pages : 340 pages
Book Rating : 4.2/5 (938 download)

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Book Synopsis Crisis and Legitimacy by : James O. Freedman

Download or read book Crisis and Legitimacy written by James O. Freedman and published by Cambridge University Press. This book was released on 1980-05-30 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most striking developments in American history has been the steady growth in the administrative process, to the point that the regulatory agencies of the federal government now affect the lives of more citizens more pervasively than the courts and possibly the Congress. In virtually every relevant respect, the administrative process has become a fourth branch of government, comparable in the scope of its authority and the impact of its decision making to the three more familiar constitutional branches. This book identifies and examines the causes of the enduring sense of crisis associated with the administrative process. This book argues a theory of legitimacy for the administrative process must be created. The author seeks to develop such a theory from the quality of administrative justice, taking as a premise the conviction that the capacity of government to devise fair procedures for the discharge of its decision-making responsibilities is the essence of democratic practice.

Regulating Artificial Intelligence

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Publisher : Springer Nature
ISBN 13 : 3030323617
Total Pages : 391 pages
Book Rating : 4.0/5 (33 download)

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Book Synopsis Regulating Artificial Intelligence by : Thomas Wischmeyer

Download or read book Regulating Artificial Intelligence written by Thomas Wischmeyer and published by Springer Nature. This book was released on 2019-11-29 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the normative and practical challenges for artificial intelligence (AI) regulation, offers comprehensive information on the laws that currently shape or restrict the design or use of AI, and develops policy recommendations for those areas in which regulation is most urgently needed. By gathering contributions from scholars who are experts in their respective fields of legal research, it demonstrates that AI regulation is not a specialized sub-discipline, but affects the entire legal system and thus concerns all lawyers. Machine learning-based technology, which lies at the heart of what is commonly referred to as AI, is increasingly being employed to make policy and business decisions with broad social impacts, and therefore runs the risk of causing wide-scale damage. At the same time, AI technology is becoming more and more complex and difficult to understand, making it harder to determine whether or not it is being used in accordance with the law. In light of this situation, even tech enthusiasts are calling for stricter regulation of AI. Legislators, too, are stepping in and have begun to pass AI laws, including the prohibition of automated decision-making systems in Article 22 of the General Data Protection Regulation, the New York City AI transparency bill, and the 2017 amendments to the German Cartel Act and German Administrative Procedure Act. While the belief that something needs to be done is widely shared, there is far less clarity about what exactly can or should be done, or what effective regulation might look like. The book is divided into two major parts, the first of which focuses on features common to most AI systems, and explores how they relate to the legal framework for data-driven technologies, which already exists in the form of (national and supra-national) constitutional law, EU data protection and competition law, and anti-discrimination law. In the second part, the book examines in detail a number of relevant sectors in which AI is increasingly shaping decision-making processes, ranging from the notorious social media and the legal, financial and healthcare industries, to fields like law enforcement and tax law, in which we can observe how regulation by AI is becoming a reality.

Unwarranted

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Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374710902
Total Pages : 449 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis Unwarranted by : Barry Friedman

Download or read book Unwarranted written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2017-02-21 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: “At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.

Law and Economics of Article 102 TFEU

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509942963
Total Pages : 1608 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Law and Economics of Article 102 TFEU by : Robert O'Donoghue KC

Download or read book Law and Economics of Article 102 TFEU written by Robert O'Donoghue KC and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 1608 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A reference book in this area of EU competition law and a must-have companion for academics, enforcers and practitioners alike, as well as EU and national judges.” Judge Nils Wahl, Court of Justice of the European Union This seminal text offers an authoritative and integrated treatment of the legal and economic principles that underpin the application of Article 102 TFEU to the behaviour of dominant firms. Traditional concerns of monopoly behaviour, such as predatory pricing, refusals to deal, excessive pricing, tying and bundling, discount practices and unlawful discrimination are treated in detail through a review of the applicable economic principles, the case law and decisional practice and more recent economic and legal writings. In addition, the major constituent elements of Article 102 TFEU, such as market definition, dominance, effect on trade and applicable remedies are considered at length. The third edition involves a net addition of over 250 pages, with a substantial new chapter on Abuses In Digital Platforms, an extensively revised chapter on standards, and virtually all chapters incorporating substantial revisions reflecting key cases such as Intel, MEO, Google Android, Google Shopping, AdSense, and Qualcomm.