Journal Of Legal Analysis

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The Principles of Constitutionalism

Author : N. W. Barber
Publisher : Oxford University Press
ISBN 13 : 0192535684
Total Pages : 417 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Principles of Constitutionalism by : N. W. Barber

Download or read book The Principles of Constitutionalism written by N. W. Barber and published by Oxford University Press. This book was released on 2018-07-25 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

A Lawyer Writes

Author : Christine Nero Coughlin
Publisher :
ISBN 13 : 9781531020699
Total Pages : 0 pages
Book Rating : 4.0/5 (26 download)

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Book Synopsis A Lawyer Writes by : Christine Nero Coughlin

Download or read book A Lawyer Writes written by Christine Nero Coughlin and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Like the popular earlier editions, the fourth edition of A Lawyer Writes puts the reader in the place of a first-year attorney faced with real-life assignments. In doing so, it teaches law students not only how to succeed in law school, but also how to succeed in the practice of law. Using graphics and visual samples that demonstrate both effective and ineffective analytical techniques, this updated edition illustrates best practices for objective legal analysis and provides an overview of the transition from objective to persuasive writing. The content and examples in the fourth edition have been supplemented, updated, and reorganized to provide an easy-to-use, step-by-step approach for learning legal analysis and objective writing. A Lawyer Writes aims to provide clear and concrete instruction about each facet of legal analysis, using the same order students will follow when performing the tasks in legal practice. The textbook also provides the relevant theory and background behind the choices attorneys make in their legal writing, enabling students to transfer those techniques to future settings. Speaking to its readers in a straightforward manner, A Lawyer Writes communicates essential skills and theories students can use throughout a lifetime of legal practice"--

The Right of Publicity

Author : Jennifer Rothman
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.

Foundations of Economic Analysis of Law

Author : Steven Shavell
Publisher : Harvard University Press
ISBN 13 : 0674043499
Total Pages : 760 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Foundations of Economic Analysis of Law by : Steven Shavell

Download or read book Foundations of Economic Analysis of Law written by Steven Shavell and published by Harvard University Press. This book was released on 2009-07-01 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: What effects do laws have? Do individuals drive more cautiously, clear ice from sidewalks more diligently, and commit fewer crimes because of the threat of legal sanctions? Do corporations pollute less, market safer products, and obey contracts to avoid suit? And given the effects of laws, which are socially best? Such questions about the influence and desirability of laws have been investigated by legal scholars and economists in a new, rigorous, and systematic manner since the 1970s. Their approach, which is called economic, is widely considered to be intellectually compelling and to have revolutionized thinking about the law. In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

China's Rural Industry

Author : World Bank
Publisher : Oxford University Press
ISBN 13 : 9780195208221
Total Pages : 464 pages
Book Rating : 4.2/5 (82 download)

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Book Synopsis China's Rural Industry by : World Bank

Download or read book China's Rural Industry written by World Bank and published by Oxford University Press. This book was released on 1990 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers presented at an international conference in 1987 provides a comprehensive analysis of China's booming rural non-state industrial sector, both collective and private.

Artificial Intelligence and Legal Analytics

Author : Kevin D. Ashley
Publisher : Cambridge University Press
ISBN 13 : 1107171504
Total Pages : 451 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Artificial Intelligence and Legal Analytics by : Kevin D. Ashley

Download or read book Artificial Intelligence and Legal Analytics written by Kevin D. Ashley and published by Cambridge University Press. This book was released on 2017-07-10 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes how text analytics and computational models of legal reasoning will improve legal IR and let computers help humans solve legal problems.

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Is International Law International? by : Anthea Roberts

Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book challenges the idea that international law looks the same from anywhere in the world. Instead, how international lawyers understand and approach their field is often deeply influenced by the national contexts in which they lived, studied, and worked. International law in the United States and in the United Kingdom looks different compared to international law in China and Russia, though some approaches (particularly Western, Anglo-American ones) are more influential outside their borders than others. Given shifts in geopolitical power and the rise of non-Western powers like China, it is increasingly important for international lawyers to understand how others coming from diverse backgrounds approach the field. By examining the international law academies and textbooks of the five permanent members of the UN Security Council, Roberts provides a window into these different communities of international lawyers, and she uncovers some of the similarities and differences in how they understand and approach international law.

The Concept Of Law (Oip)

Author : Herbert Lionel Adolphus Hart
Publisher :
ISBN 13 : 9780195664171
Total Pages : 328 pages
Book Rating : 4.6/5 (641 download)

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Book Synopsis The Concept Of Law (Oip) by : Herbert Lionel Adolphus Hart

Download or read book The Concept Of Law (Oip) written by Herbert Lionel Adolphus Hart and published by . This book was released on 2002-10-24 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Book Has Extensive Notes On The Theoretical Work Of Other Jurists Including References To Austin`S Imperative Theory, Kelson`S Theory Of Basic Norm, And Fuller`S Natural Law Theory.

Recognizing Wrongs

Author : John C. P. Goldberg
Publisher : Harvard University Press
ISBN 13 : 0674246527
Total Pages : 393 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Recognizing Wrongs by : John C. P. Goldberg

Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

Game Theory for Applied Economists

Author : Robert Gibbons
Publisher : Princeton University Press
ISBN 13 : 1400835887
Total Pages : 284 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Game Theory for Applied Economists by : Robert Gibbons

Download or read book Game Theory for Applied Economists written by Robert Gibbons and published by Princeton University Press. This book was released on 1992-07-13 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to one of the most powerful tools in modern economics Game Theory for Applied Economists introduces one of the most powerful tools of modern economics to a wide audience: those who will later construct or consume game-theoretic models. Robert Gibbons addresses scholars in applied fields within economics who want a serious and thorough discussion of game theory but who may have found other works too abstract. Gibbons emphasizes the economic applications of the theory at least as much as the pure theory itself; formal arguments about abstract games play a minor role. The applications illustrate the process of model building—of translating an informal description of a multi-person decision situation into a formal game-theoretic problem to be analyzed. Also, the variety of applications shows that similar issues arise in different areas of economics, and that the same game-theoretic tools can be applied in each setting. In order to emphasize the broad potential scope of the theory, conventional applications from industrial organization have been largely replaced by applications from labor, macro, and other applied fields in economics. The book covers four classes of games, and four corresponding notions of equilibrium: static games of complete information and Nash equilibrium, dynamic games of complete information and subgame-perfect Nash equilibrium, static games of incomplete information and Bayesian Nash equilibrium, and dynamic games of incomplete information and perfect Bayesian equilibrium.

Tomorrow's Lawyers

Author : Richard E. Susskind
Publisher : American Chemical Society
ISBN 13 : 9780198796633
Total Pages : 0 pages
Book Rating : 4.7/5 (966 download)

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Book Synopsis Tomorrow's Lawyers by : Richard E. Susskind

Download or read book Tomorrow's Lawyers written by Richard E. Susskind and published by American Chemical Society. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Tomorrow's Lawyers predicts that we are at the beginning of a period of fundamental transformation in law: a time in which we will see greater change than we have seen in the past two centuries. Where the future of the legal service will be a world of internet-based global businesses, online document production, commoditized service, legal process outsourcing, and web based simulation practice. Legal markets will be liberalized, with new jobs for lawyers and new employers too. This book is a definitive guide to this future - for young and aspiring lawyers, and for all who want to modernize our legal and justice systems. It introduces the new legal landscape and offers practical guidance for those who intend to build careers and businesses in law. ... This new edition has been fully updated to include an introduction to online dispute resolution, Susskind's views on the debates surrounding artificial intelligence and its role in the legal world, a new analysis of new jobs available for lawyers, and a retrospective evaluation of The Future of Law, Susskind's prediction published in 1996 about the future of legal services." -- Publisher's website.

Legal Scholar’s Guidebook

Author : Elizabeth E. Berenguer
Publisher : Aspen Publishing
ISBN 13 : 1543820875
Total Pages : 288 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Legal Scholar’s Guidebook by : Elizabeth E. Berenguer

Download or read book Legal Scholar’s Guidebook written by Elizabeth E. Berenguer and published by Aspen Publishing. This book was released on 2020-02-03 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Scholar’s Guidebookdemystifies academic legal writing by providing concrete advice on topic selection, research strategies, and analytical frameworks. It is an essential resource for any serious legal scholar. Nascent scholars will find it a reassuring guide through a demanding process and experienced scholars will find it a source of encouragement. Wherever you are on your scholarly journey, the Guidebook is your compass. Scholars will benefit from: Chapter Brainstormsthat contain Questions guiding entry into stages of the research and writing process. Squelch the Impostor tips that include advice to manage stress inherent at each stage of the research and writing process. Specific assignments to methodically guide the scholar through each stage. Examples, Guides, and Checklists that provide samples to help the scholar understand expectations at each stage.

Comparative Property Law

Author : Antonio Gambaro
Publisher : Edward Elgar Publishing
ISBN 13 : 9781785362712
Total Pages : 1440 pages
Book Rating : 4.3/5 (627 download)

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Book Synopsis Comparative Property Law by : Antonio Gambaro

Download or read book Comparative Property Law written by Antonio Gambaro and published by Edward Elgar Publishing. This book was released on 2017-07-28 with total page 1440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important two-volume collection provides a readily accessible selection of the most influential papers in the field of comparative property law. These articles have played an essential role in shaping property law discourse on both a national and global level. Each study carefully examines different concepts and aspects of property, including theoretical approaches and comparative perspectives, followed by a series of key constitutional questions. This structure offers the reader the opportunity to trace the evolution of comparative property law through the global legal community. Students, teachers and practitioners will find this collection a fascinating read, as well as a helpful tool in discussing and thoroughly understanding this central, yet profoundly puzzling topic.

The Antitrust Paradox

Author : Robert Bork
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.

Modern Legal Scholarship

Author : Christine Nero Coughlin
Publisher : Carolina Academic Press LLC
ISBN 13 : 9781531010270
Total Pages : 268 pages
Book Rating : 4.0/5 (12 download)

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Book Synopsis Modern Legal Scholarship by : Christine Nero Coughlin

Download or read book Modern Legal Scholarship written by Christine Nero Coughlin and published by Carolina Academic Press LLC. This book was released on 2020 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose of this book is to get you started and guide you through the full scholarly writing process, from drafting to publishing. This book breaks down that process into understandable and manageable tasks to help you get started and complete the project. Individuals learn best when they understand the context and purpose of a project. To provide as much context as possible for the tasks ahead, and so that you understand both how and why to complete each task, this book walks you through the process of producing a range of quality scholarship both efficiently and effectively"--

Empirical Legal Analysis

Author : Yun-chien Chang
Publisher : Routledge
ISBN 13 : 1317952162
Total Pages : 320 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Empirical Legal Analysis by : Yun-chien Chang

Download or read book Empirical Legal Analysis written by Yun-chien Chang and published by Routledge. This book was released on 2013-12-17 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores empirical legal issues around the world. While legal studies have traditionally been worked on and of letters and with a normative bent, in recent years quantitative methods have gained traction by offering a brand new perspective of understanding law. That is, legal scholars have started to crunch numbers, not letters, to tease out the effects of law on the regulated industries, citizens, or judges in reality. In this edited book, authors from leading institutions in the U.S., Europe, and Asia investigate legal issues in South Africa, Argentina, the U.S., Israel, Taiwan, and other countries. Using original data in a variety of statistical tools (from the most basic chi-square analysis to sophisticated two-stage least square regression models), contributors to this book look into the judicial behaviours in Taiwan and Israel, the determinants of constitutional judicial systems in 100 countries, and the effect of appellate court decisions on media competition. In addition, this book breaks new ground in informing important policy debates. Specifically, how long should we incarcerate criminals? Should the medical malpractice liability system be reformed? Do police reduce crime? Why is South Africa’s democratic transition viable? With solid data as evidence, this volume sheds new light on these issues from a road more and more frequently taken—what is known as "empirical legal studies/analysis." This book should be useful to students, practitioners and professors of law, economics and public policy in many countries who seek to understand their legal system from a different, and arguably more scientific, perspective.