Preventive Law

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Preventive Law and Problem Solving

Author : Thomas D. Barton
Publisher :
ISBN 13 : 9781600420764
Total Pages : 0 pages
Book Rating : 4.4/5 (27 download)

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Book Synopsis Preventive Law and Problem Solving by : Thomas D. Barton

Download or read book Preventive Law and Problem Solving written by Thomas D. Barton and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive Law and Problem Solving: Lawyering for the Future is designed for four audiences. First, it introduces a broad, socially connected understanding of legal systems and legal thinking to students who are considering, or just beginning, law study. Second, for those who have completed their first year of training, the book reflects on the assumptions that underpin the legal methods they have been struggling to master. Third, for those interested in legal theory, the book describes and explains a new paradigm for legal thought. Finally, practicing lawyers are offered examples of using the preventive/ problem solving approach in contract formation, project management, general business representation, domestic violence, and health care delivery. Building on the author's long-standing interest in the complex relationships between problems and the procedures employed for their resolution, the book explores: how legal problems may be prevented; how lawyers may proactively assist clients in identifying and reaching their goals; the impacts of legal methods on the people involved in a dispute; and how law can be understood as one part of an elaborately intertwined system comprised of the problems that people bring to law; the methods available to address those problems; the skills that lawyers must employ to use those procedures effectively; the ethics with which they are expected to operate those procedures; the vision of truth that propels the system; and the broader human culture within which law, lawyers, and legal methods are shaped. About the author: Thomas D. Barton is the Louis and Hermione Brown Professor of Law at California Western School of Law in San Diego. He obtained his J.D. degree from Cornell Law School, and a Ph.D. in Law from Cambridge University, where he researched problem solving within common law adjudication. Professor Barton teaches courses in problem solving and prevention, Civil Procedure, Contracts, and various topics in law and society for undergraduates. He writes and speaks primarily on legal theory and Preventive Law, and coordinates the National Center for Preventive Law, found at www.preventivelawyer.com.

Preventive Law

Author : Myron Moskovitz
Publisher : Anderson Publishing Company (OH)
ISBN 13 :
Total Pages : 678 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Preventive Law by : Myron Moskovitz

Download or read book Preventive Law written by Myron Moskovitz and published by Anderson Publishing Company (OH). This book was released on 1997 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Preventative Law for Business Professionals

Author : Martin E. Segal
Publisher : Thomson South-Western
ISBN 13 : 9780324225747
Total Pages : 0 pages
Book Rating : 4.2/5 (257 download)

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Book Synopsis Preventative Law for Business Professionals by : Martin E. Segal

Download or read book Preventative Law for Business Professionals written by Martin E. Segal and published by Thomson South-Western. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Martin Segal sees the workplace as an unending sequence of commercial transactions, and life in the workplace as a series of contractual agreements. We play in a field strewn with land mines - legal actions, large and small, waiting to explode. What may have started as a simple buyer-seller, borrower-lender transaction can escalate into differences of opinion, then blow up into a full-fury lawsuit. But, says Segal, this needn't happen. Most of these legal differences can be traced back to faulty, misunderstood contract and sales transactions, how they were conceived, created, implemented. Agreements that can't be enforced, business plans gone awry, unforeseen problems that suddenly pop up to wreck what once seemed to be golden business opportunities - these are some of the legal issues that Segal addresses in Preventive Law for Business Professionals. What Segal offers in response is his "anticipatory thinking approach," a "preventive law" method to lay bare and defang these legal perils before they evolve to such magnitude that expensive, time-consuming court action becomes inevitable. Dr. Segal offers a carefully culled list of the most salient and likely commercial transactions, issues that can be prevented, and what you can do to forestall them. Based on numerous examples and actual court cases, as well as from classic legal disputes, Segal lays out the legal reasoning of the presiding judges, often with direct quotations that provide an especially realistic, useful understanding of how these cases were actually decided - and why.

The Law and You

Author : Norma Allred
Publisher :
ISBN 13 :
Total Pages : 86 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis The Law and You by : Norma Allred

Download or read book The Law and You written by Norma Allred and published by . This book was released on 1988 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Preventive Law for Non-profit Organizations

Author : National Center for Preventive Law (U.S.)
Publisher :
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.:/5 (168 download)

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Book Synopsis Preventive Law for Non-profit Organizations by : National Center for Preventive Law (U.S.)

Download or read book Preventive Law for Non-profit Organizations written by National Center for Preventive Law (U.S.) and published by . This book was released on 1987 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Preventive Justice

Author : Andrew Ashworth
Publisher : OUP Oxford
ISBN 13 : 0191021059
Total Pages : 380 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Preventive Justice by : Andrew Ashworth

Download or read book Preventive Justice written by Andrew Ashworth and published by OUP Oxford. This book was released on 2014-03-27 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.

Regulating Preventive Justice

Author : Tamara Tulich
Publisher : Routledge
ISBN 13 : 1317218558
Total Pages : 254 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Regulating Preventive Justice by : Tamara Tulich

Download or read book Regulating Preventive Justice written by Tamara Tulich and published by Routledge. This book was released on 2017-01-20 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Like medicine, law is replete with axioms of prevention. ‘Prevention is better than cure’ has a long pedigree in both fields. 17th century jurist Sir Edward Coke observed that ‘preventing justice excelleth punishing justice’. A century later, Sir William Blackstone similarly stated that ‘preventive justice is ...preferable in all respects to punishing justice’. This book evaluates the feasibility and legitimacy of state attempts to regulate prevention. Though prevention may be desirable as a matter of policy, questions are inevitably raised as to its limits and legitimacy, specifically, how society reconciles the desirability of averting risks of future harm with respect for the rule of law, procedural fairness and human rights. While these are not new questions for legal scholars, they have been brought into sharper relief in policy and academic circles in the wake of the September 11 terrorist attacks. Over the past 15 years, a body of legal scholarship has tracked the intensified preventive focus of anti-terrorism law and policy, observing how this focus has impacted negatively upon traditional legal frameworks. However, preventive law and policy in other contexts, such as environmental protection, mental health, immigration and corruption has not received sustained focus. This book extends that body of scholarship, through use of case studies from these diverse regulatory settings, in order to examine and critique the principles, policies and paradoxes of preventive justice. "Whereas earlier scholars looked upon preventive justice as a source and means of regulation, the powerfully argued contributions to this volume provide forceful reasons to consider whether we would do better talk about regulating preventive justice." Professor Lucia Zedner, Oxford University

Failure to Protect

Author : Eric S. Janus
Publisher : Cornell University Press
ISBN 13 : 1501731165
Total Pages : 198 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Failure to Protect by : Eric S. Janus

Download or read book Failure to Protect written by Eric S. Janus and published by Cornell University Press. This book was released on 2018-07-05 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most crimes of sexual violence are committed by people known to the victim—acquaintances and family members. Yet politicians and the media overemphasize predatory strangers when legislating against and reporting on sexual violence. In this book, Eric S. Janus goes far beyond sensational headlines to expose the reality of the laws designed to prevent sexual crimes. He shows that "sexual predator" laws, which have intense public and political support, are counterproductive.Janus contends that aggressive measures such as civil commitment and Megan's law, which are designed to restrain sex offenders before they can commit another crime, are bad policy and do little to actually reduce sexual violence. Further, these new laws make use of approaches such as preventive detention and actuarial profiling that violate important principles of liberty.Janus argues that to prevent sexual violence, policymakers must address the deep-seated societal problems that allow it to flourish. In addition to criminal sanctions, he endorses the specific efforts of some advocates, organizations, and social scientists to stop sexual violence by, for example, taking steps to change the attitudes and behaviors of school-age children and adolescents, improving public education, and promoting community treatment and supervision of previous offenders.Janus also warns that the principles underlying the predator laws may be the early harbingers of a "preventive state" in which the government casts wide nets of surveillance and intervenes to curtail liberty before crimes of any type occur. More than a critique of the status quo, this book discusses serious alternatives and how best to overcome the political obstacles to achieving rational policy.

Lawyering Through Life

Author : Louis Morris Brown
Publisher : Fred B Rothman & Company
ISBN 13 : 9780837703480
Total Pages : 298 pages
Book Rating : 4.7/5 (34 download)

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Book Synopsis Lawyering Through Life by : Louis Morris Brown

Download or read book Lawyering Through Life written by Louis Morris Brown and published by Fred B Rothman & Company. This book was released on 1986 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Preventive Law Newsletter

Author :
Publisher :
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Preventive Law Newsletter by :

Download or read book Preventive Law Newsletter written by and published by . This book was released on 1965 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Articles on Preventive Law

Author : Louis Morris Brown
Publisher :
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.:/5 (178 download)

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Book Synopsis Articles on Preventive Law by : Louis Morris Brown

Download or read book Articles on Preventive Law written by Louis Morris Brown and published by . This book was released on 1969 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Preventive Law

Author : Louis Morris Brown
Publisher : Greenwood
ISBN 13 :
Total Pages : 380 pages
Book Rating : 4.X/5 ( download)

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Book Synopsis Preventive Law by : Louis Morris Brown

Download or read book Preventive Law written by Louis Morris Brown and published by Greenwood. This book was released on 1970 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Preventive Detention and the Democratic State

Author : Hallie Ludsin
Publisher : Cambridge University Press
ISBN 13 : 1316597989
Total Pages : 446 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Preventive Detention and the Democratic State by : Hallie Ludsin

Download or read book Preventive Detention and the Democratic State written by Hallie Ludsin and published by Cambridge University Press. This book was released on 2016-01-08 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.

Prevention and the Limits of the Criminal Law

Author : Andrew Ashworth
Publisher : OUP Oxford
ISBN 13 : 0191630748
Total Pages : 319 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Prevention and the Limits of the Criminal Law by : Andrew Ashworth

Download or read book Prevention and the Limits of the Criminal Law written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-01-31 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.

Juveniles at Risk

Author : Christopher Slobogin
Publisher : Oxford University Press
ISBN 13 : 019977840X
Total Pages : 210 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Juveniles at Risk by : Christopher Slobogin

Download or read book Juveniles at Risk written by Christopher Slobogin and published by Oxford University Press. This book was released on 2011-08-01 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Slobogin and Fondacaro present their vision for a new juvenile justice system, founded on the evidence at hand and promoting the principles of rehabilitation and reintegration into society. The authors develop their juvenile justice policy proposals effectively by carefully addressing the problems with past policy approches and recent theoretical contributions.

The Prevention Principle in International Environmental Law

Author : Leslie-Anne Duvic-Paoli
Publisher :
ISBN 13 : 1108429416
Total Pages : 429 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Prevention Principle in International Environmental Law by : Leslie-Anne Duvic-Paoli

Download or read book The Prevention Principle in International Environmental Law written by Leslie-Anne Duvic-Paoli and published by . This book was released on 2018-05-31 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a systematic and comprehensive study of the prevention principle in international environmental law.

Preventative Legal Care

Author : Kevin W. Yankowsky
Publisher : Best Publishing
ISBN 13 : 1930536348
Total Pages : 90 pages
Book Rating : 4.9/5 (35 download)

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Book Synopsis Preventative Legal Care by : Kevin W. Yankowsky

Download or read book Preventative Legal Care written by Kevin W. Yankowsky and published by Best Publishing. This book was released on 2015-05-01 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: This easy to read book provides practical, real-world solutions to effectively manage and diminish your medical-legal risks. As a practicing healthcare attorney, Kevin W. Yankowsky has represented individual clinicians and healthcare institutions involved in legal disputes of all shapes and sizes. In his over 20 years as a practicing attorney, he has seen providers and institutions pour money into resolving legal disputes that potentially could have been avoided. Institutions focus too much of their time, effort, and financial resources on the costs of litigation defense and the expenses of settlement rather than investing time and resources on medical-legal prevention. In Preventative Legal Care: A Practitioner’s Guide to Medical-Legal Fitness, Yankowsky outlines some medical-legal risk factors unassociated with clinical care and supplies practical real-world solutions to recognize, control and minimize, if not eliminate, those factors.