Optional Law

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Publisher : University of Chicago Press
ISBN 13 : 0226033481
Total Pages : 296 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Optional Law by : Ian Ayres

Download or read book Optional Law written by Ian Ayres and published by University of Chicago Press. This book was released on 2010-02-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spurred by the advances in option theory that have been remaking financial and economic scholarship over the past thirty years, a revolution is taking shape in the way legal scholars conceptualize property and the way it is protected by the law. Ian Ayres's Optional Law explores how option theory is overthrowing many accepted wisdoms and producing tangible new tools for courts in deciding cases. Ayres identifies flaws in the current system and shows how option theory can radically expand and improve the ways that lawmakers structure legal entitlements. An option-based system, Ayres shows, gives parties the option to purchase—or the option to sell—the relevant legal entitlement. Choosing to exercise a legal option forces decisionmakers to reveal information about their own valuation of the entitlement. And, as with auctions, entitlements in option-based law naturally flow to those who value them the most. Seeing legal entitlements through this lens suggests a variety of new entitlement structures from which lawmakers might choose. Optional Law provides a theory for determining which structure is likely to be most effective in harnessing parties' private information. Proposing a practical approach to the foundational question of how to allocate and protect legal rights, Optional Law will be applauded by legal scholars and professionals who continue to seek new and better ways of fostering both equitable and efficient legal rules.

Optional Choice of Court Agreements in Private International Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030239144
Total Pages : 528 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Optional Choice of Court Agreements in Private International Law by : Mary Keyes

Download or read book Optional Choice of Court Agreements in Private International Law written by Mary Keyes and published by Springer Nature. This book was released on 2019-10-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators. This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention. This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.

Order without Law

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Publisher : Harvard University Press
ISBN 13 : 0674036433
Total Pages : 317 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Order without Law by : Robert C. ELLICKSON

Download or read book Order without Law written by Robert C. ELLICKSON and published by Harvard University Press. This book was released on 2009-06-30 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrating the current research in law, economics, sociology, game theory and anthropology, this text demonstrates that people largely govern themselves by means of informal rules - social norms - without the need for a state or other central co-ordinator to lay down the law.

The Law of Open Societies

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Publisher : BRILL
ISBN 13 : 9004296808
Total Pages : 662 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Law of Open Societies by : Jürgen Basedow

Download or read book The Law of Open Societies written by Jürgen Basedow and published by BRILL. This book was released on 2015-06-02 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.

The Singapore Legal System

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Publisher : NUS Press
ISBN 13 : 9789971692131
Total Pages : 570 pages
Book Rating : 4.6/5 (921 download)

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Book Synopsis The Singapore Legal System by : Kevin Tan

Download or read book The Singapore Legal System written by Kevin Tan and published by NUS Press. This book was released on 1999 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of the highly successful book first published in 1989. However, it has been extensively revised in content and updated: Eight out of 14 chapters are new including chapters such as The Constitutional Framework of Powers, Alternative Dispute Resolution, and The Singapore Legal System and International Law; and the law on all subjects has been updated.

The Constitutional Foundations of European Contract Law

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Publisher : OUP Oxford
ISBN 13 : 019102547X
Total Pages : 561 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Constitutional Foundations of European Contract Law by : Kathleen Gutman

Download or read book The Constitutional Foundations of European Contract Law written by Kathleen Gutman and published by OUP Oxford. This book was released on 2014-12-18 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.

The Law Book

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Author :
Publisher : Union Square & Co.
ISBN 13 : 1454901691
Total Pages : 1262 pages
Book Rating : 4.4/5 (549 download)

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Book Synopsis The Law Book by : Michael H. Roffer

Download or read book The Law Book written by Michael H. Roffer and published by Union Square & Co.. This book was released on 2015-11-03 with total page 1262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Which was the last country to abolish slavery? Which is the only amendment to the U.S. Constitution ever to be repealed? How did King Henry II of England provide a procedural blueprint for criminal law? These are just a few of the thought-provoking questions addressed in this beautifully illustrated book. Join author Michael H. Roffer as he explores 250 of the most fundamental, far-reaching, and often-controversial cases, laws, and trials that have profoundly changed our world—for good or bad. Offering authoritative context to ancient documents as well as today’s hot-button issues, The Law Book presents a comprehensive look at the rules by which we live our lives. It covers such diverse topics as the Code of Hammurabi, the Ten Commandments, the Trial of Socrates, the Bill of Rights, women’s suffrage, the insanity defense, and more. Roffer takes us around the globe to ancient Rome and medieval England before transporting us forward to contemporary accounts that tackle everything from civil rights, surrogacy, and assisted suicide to the 2000 U.S. presidential election, Google Books, and the fight for marriage equality. Organized chronologically, the entries each consist of a short essay and a stunning full-color image, while the “Notes and Further Reading” section provides resources for more in-depth study. Justice may be blind, but this collection brings the rich history of the law to light.

Research Handbook on EU Consumer and Contract Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1782547371
Total Pages : 603 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on EU Consumer and Contract Law by : Christian Twigg-Flesner

Download or read book Research Handbook on EU Consumer and Contract Law written by Christian Twigg-Flesner and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on EU Consumer and Contract Lawtakes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbookis divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years. Contributors include:E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. Zoll

Pluralism and European Private Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782250638
Total Pages : 294 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Pluralism and European Private Law by : Leone Niglia

Download or read book Pluralism and European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2013-01-29 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.

Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.

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Author :
Publisher : Juris Publishing, Inc.
ISBN 13 : 157823347X
Total Pages : 702 pages
Book Rating : 4.5/5 (782 download)

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Book Synopsis Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. by : Borzu Sabahi

Download or read book Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. written by Borzu Sabahi and published by Juris Publishing, Inc.. This book was released on 2014-10-01 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the title suggests, A Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr. is a European style Festschrift or Liber Amicorum, and compiles short essays by eminent scholars and practitioners who have known Prof. Wallace during his long and distinguished career as a Professor of law at Georgetown University Law Center and, among others, as the Chairman of the International Law Institute, the U.S. Delegate to UNCITRAL, the Legal Adviser to the USAID, President of the ABA Section on International Law, presiding officer of the UNIDROIT Foundation, and Of Counsel to a number of prominent international law firms including Winston & Strawn LLP, Morgan Lewis LLP, Arnold & Porter LLP, and Shearman & Sterling LLP. The primary topics covered in the book are: Foreign Investment and Political RiskInternational Investment Law and ArbitrationUnification of Private LawCommercial Law ReformPublic ProcurementRule of Law and Transitional JusticeInternational Business Law and Human RightsLegal Aspects of the United States' Foreign Affairs: Public International Law, Separation of Powers and Terrorism. Professor Wallace's friends, including the co-editors, have submitted 45 essays including a biographical piece prepared by the editors to this volume.

Constructing Modern European Private Law

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 144389995X
Total Pages : 365 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Constructing Modern European Private Law by : Ivan Sammut

Download or read book Constructing Modern European Private Law written by Ivan Sammut and published by Cambridge Scholars Publishing. This book was released on 2016-09-23 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.

Content and Meaning of National Law in the Context of Transnational Law

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 386653874X
Total Pages : 235 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Content and Meaning of National Law in the Context of Transnational Law by : Henk Snijders

Download or read book Content and Meaning of National Law in the Context of Transnational Law written by Henk Snijders and published by Walter de Gruyter. This book was released on 2009-11-16 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by Dutch, English and Swiss scholars deals with the impact of transnational law, in particular the law of the European Union and the Council of Europe, on the content and meaning given to domestic law by national legislators and judges. Topics covered include the constitutional and practical implications of implementing transnational law at the national level, as well as the interpretation of domestic law against the background of the European Convention on Human Rights, the law of the European Union and so called “soft law” instruments, in areas such as civil procedure, jurisdiction, contract, company law and competition law.

Varieties of European Economic Law and Regulation

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Publisher : Springer
ISBN 13 : 3319049038
Total Pages : 883 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Varieties of European Economic Law and Regulation by : Kai Purnhagen

Download or read book Varieties of European Economic Law and Regulation written by Kai Purnhagen and published by Springer. This book was released on 2014-07-16 with total page 883 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz’ work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

Optometric Weekly

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Publisher :
ISBN 13 :
Total Pages : 864 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis Optometric Weekly by :

Download or read book Optometric Weekly written by and published by . This book was released on 1924 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Clive M. Schmitthoff's Select Essays on International Trade Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004640479
Total Pages : 854 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Clive M. Schmitthoff's Select Essays on International Trade Law by : Chia-Jui Cheng

Download or read book Clive M. Schmitthoff's Select Essays on International Trade Law written by Chia-Jui Cheng and published by Martinus Nijhoff Publishers. This book was released on 1988-11 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Common European Sales Law in Context

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Publisher : OUP Oxford
ISBN 13 : 0191668184
Total Pages : 1149 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Common European Sales Law in Context by : Gerhard Dannemann

Download or read book The Common European Sales Law in Context written by Gerhard Dannemann and published by OUP Oxford. This book was released on 2013-03-21 with total page 1149 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

What Makes Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521834279
Total Pages : 221 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis What Makes Law by : Liam Murphy

Download or read book What Makes Law written by Liam Murphy and published by Cambridge University Press. This book was released on 2014-06-16 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: This advanced introduction to central questions in legal philosophy attempts to breathe new life into stalled research.