Reconstructing Contracts

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674073584
Total Pages : 171 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Reconstructing Contracts by : Douglas G. Baird

Download or read book Reconstructing Contracts written by Douglas G. Baird and published by Harvard University Press. This book was released on 2013-04-30 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every legal system must decide how to distinguish between agreements that are enforceable and those that are not. Formal bargains in the marketplace and casual promises in a social setting mark the two extremes, but many hard cases lie between. When gaps are left in a contract, how should courts fill them? What does it mean to say that an agreement is legally enforceable? If someone breaks a legally enforceable contract, what consequences follow? For 150 years, legal scholars have debated whether a set of coherent principles provide answers to such basic questions. Oliver Wendell Holmes put forward the affirmative case, arguing that bargained-for consideration, expectation damages, and a handful of related ideas captured the essence of contract law. The work of the next several generations, culminating in Grant Gilmore’s The Death of Contract in 1974, took a contrary view. The coherence Holmes had tried to bring to the field was illusory. It was more sensible to see contracts as merely a species of civil obligation and resist the temptation to impose rigid and artificial rules. In Reconstructing Contracts, Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law. He shows that Holmes’s principles are fundamentally sound. Even if they lack that talismanic quality formerly ascribed to them, properly understood they continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

Reconstructing America

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Publisher : Oxford University Press, USA
ISBN 13 : 9780195153316
Total Pages : 180 pages
Book Rating : 4.1/5 (533 download)

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Book Synopsis Reconstructing America by : Joy Hakim

Download or read book Reconstructing America written by Joy Hakim and published by Oxford University Press, USA. This book was released on 2003 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the history of America from the earliest times of the Native Americans to the Clinton administration.

Reconstructing Woman

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Publisher : Penn State Press
ISBN 13 : 0271034963
Total Pages : 188 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis Reconstructing Woman by : Dorothy Kelly

Download or read book Reconstructing Woman written by Dorothy Kelly and published by Penn State Press. This book was released on 2015-08-26 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconstructing Woman explores a scenario common to the works of four major French novelists of the nineteenth century: Balzac, Flaubert, Zola, and Villiers. In the texts of each author, a “new Pygmalion” (as Balzac calls one of his characters) turns away from a real woman he has loved or desired and prefers instead his artificial re-creation of her. All four authors also portray the possibility that this simulacrum, which replaces the woman, could become real. The central chapters examine this plot and its meanings in multiple texts of each author (with the exception of the chapter on Villiers, in which only “L’Eve future” is considered). The premise is that this shared scenario stems from the discovery in the nineteenth century that humans are transformable. Because scientific innovations play a major part in this discovery, Dorothy Kelly reviews some of the contributing trends that attracted one or more of the authors: mesmerism, dissection, transformism, and evolution, new understandings of human reproduction, spontaneous generation, puericulture, the experimental method. These ideas and practices provided the novelists with a scientific context in which controlling, changing, and creating human bodies became imaginable. At the same time, these authors explore the ways in which not only bodies but also identity can be made. In close readings, Kelly shows how these narratives reveal that linguistic and coded social structures shape human identity. Furthermore, through the representation of the power of language to do that shaping, the authors envision that their own texts would perform that function. The symbol of the reconstruction of woman thus embodies the fantasy and desire that their novels could create or transform both reality and their readers in quite literal ways. Through literary analyses, we can deduce from the texts just why this artificial creation is a woman.

Reconstructing the Campus

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Author :
Publisher : University of Virginia Press
ISBN 13 : 081393317X
Total Pages : 463 pages
Book Rating : 4.8/5 (139 download)

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Book Synopsis Reconstructing the Campus by : Michael David Cohen

Download or read book Reconstructing the Campus written by Michael David Cohen and published by University of Virginia Press. This book was released on 2012 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Civil War transformed American life. Not only did thousands of men die on battlefields and millions of slaves become free; cultural institutions reshaped themselves in the context of the war and its aftermath. The first book to examine the Civil War's immediate and long-term impact on higher education, Reconstructing the Campus begins by tracing college communities' responses to the secession crisis and the outbreak of war. Students made supplies for the armies or left campus to fight. Professors joined the war effort or struggled to keep colleges open. The Union and Confederacy even took over some campuses for military use. Then moving beyond 1865, the book explores the war's long-term effects on colleges. Michael David Cohen argues that the Civil War and the political and social conditions the war created prompted major reforms, including the establishment of a new federal role in education. Reminded by the war of the importance of a well-trained military, Congress began providing resources to colleges that offered military courses and other practical curricula. Congress also, as part of a general expansion of the federal bureaucracy that accompanied the war, created the Department of Education to collect and publish data on education. For the first time, the U.S. government both influenced curricula and monitored institutions. The war posed special challenges to Southern colleges. Often bereft of students and sometimes physically damaged, they needed to rebuild. Some took the opportunity to redesign themselves into the first Southern universities. They also admitted new types of students, including the poor, women, and, sometimes, formerly enslaved blacks. Thus, while the Civil War did great harm, it also stimulated growth, helping, especially in the South, to create our modern system of higher education.

Reconstructing Democracy

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Publisher : University of Georgia Press
ISBN 13 : 0820340332
Total Pages : 376 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis Reconstructing Democracy by : Justin Behrend

Download or read book Reconstructing Democracy written by Justin Behrend and published by University of Georgia Press. This book was released on 2015 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within a few short years after emancipation, freedpeople of the Natchez District created a new democracy in the Reconstruction era, replacing the oligarchic rule of slaveholders and Confederates with a grassroots democracy that transformed the South after the Civil War.

Reconstructing the Household

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Publisher : Univ of North Carolina Press
ISBN 13 : 0807860212
Total Pages : 378 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Reconstructing the Household by : Peter W. Bardaglio

Download or read book Reconstructing the Household written by Peter W. Bardaglio and published by Univ of North Carolina Press. This book was released on 2000-11-09 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reconstructing the Household, Peter Bardaglio examines the connections between race, gender, sexuality, and the law in the nineteenth-century South. He focuses on miscegenation, rape, incest, child custody, and adoption laws to show how southerners struggled with the conflicts and stresses that surfaced within their own households and in the larger society during the Civil War era. Based on literary as well as legal sources, Bardaglio's analysis reveals how legal contests involving African Americans, women, children, and the poor led to a rethinking of families, sexuality, and the social order. Before the Civil War, a distinctive variation of republicanism, based primarily on hierarchy and dependence, characterized southern domestic relations. This organic ideal of the household and its power structure differed significantly from domestic law in the North, which tended to emphasize individual rights and contractual obligations. The defeat of the Confederacy, emancipation, and economic change transformed family law and the governance of sexuality in the South and allowed an unprecedented intrusion of the state into private life. But Bardaglio argues that despite these profound social changes, a preoccupation with traditional notions of gender and race continued to shape southern legal attitudes.

Reconstructing Amelia

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Publisher : Simon and Schuster
ISBN 13 : 147111130X
Total Pages : 400 pages
Book Rating : 4.4/5 (711 download)

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Book Synopsis Reconstructing Amelia by : Kimberly McCreight

Download or read book Reconstructing Amelia written by Kimberly McCreight and published by Simon and Schuster. This book was released on 2013-06-20 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever wondered what goes on inside your daughter's head? Stressed single mother and law partner Kate is in the meeting of her career when she is interrupted by a telephone call to say that her teenaged daughter Amelia has been suspended from her exclusive Brooklyn prep school for cheating on an exam. Torn between her head and her heart, she eventually arrives at St Grace's over an hour late, to be greeted by sirens wailing and ambulance lights blazing. Her daughter has jumped off the roof of the school, apparently in shame of being caught. A grieving Kate can't accept that her daughter would kill herself: it was just the two of them and Amelia would never leave her alone like this. And so begins an investigation which takes her deep into Amelia's private world, into her journals, her email account and into the mind of a troubled young girl. Then Kate receives an anonymous text saying simply: AMELIA DIDN'T JUMP. Is someone playing with her, or has she been right all along?

Re-constructing Archaeology

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Author :
Publisher : Routledge
ISBN 13 : 1134886098
Total Pages : 324 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Re-constructing Archaeology by : Michael Shanks

Download or read book Re-constructing Archaeology written by Michael Shanks and published by Routledge. This book was released on 2016-09-17 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: InRe-Constructing Archaeology, Shanks and Tilley aim to challenge the disciplinary practices of both traditional and the `new' archaeology and to present a radical alternative - a critically self-consious archaeology aware of itself as pracitce in the present, and equally a social archaeology that appreciates artefacts not merely as ovjects of analysis but as part of a social world of past and present that is charged with meaning. It is a fresh and invigorating contribution to the emergence of a philosophically and politically informed archaeology.

Reconstructing Public Reason

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Publisher : Harvard University Press
ISBN 13 : 9780674015425
Total Pages : 278 pages
Book Rating : 4.0/5 (154 download)

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Book Synopsis Reconstructing Public Reason by : Eric MacGilvray

Download or read book Reconstructing Public Reason written by Eric MacGilvray and published by Harvard University Press. This book was released on 2004-12-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: MacGilvray argues that we should shift our attention away from the problem of identifying uncontroversial public ends in the present and toward the problem of evaluating potentially controversial public ends through collective inquiry over time.

Reconstructing the Corporation

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Publisher : Cambridge University Press
ISBN 13 : 1108916198
Total Pages : 289 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Reconstructing the Corporation by : Grant M. Hayden

Download or read book Reconstructing the Corporation written by Grant M. Hayden and published by Cambridge University Press. This book was released on 2021-03-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern corporations contribute to a wide range of contemporary problems, including income inequality, global warming, and the influence of money in politics. Their relentless pursuit of profits, though, is the natural outcome of the doctrine of shareholder primacy. As the consensus around this doctrine crumbles, it has become increasingly clear that the prerogatives of corporate governance have been improperly limited to shareholders. It is time to examine shareholder primacy and its attendant governance features anew, and reorient the literature around the basic purpose of corporations. This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise. Reconstructing the Corporation presents a new model of corporate governance - one that builds on the theory of the firm as well as a novel theory of democratic participation - to support the extension of the corporate franchise to employees.

Lost Books

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Publisher : BRILL
ISBN 13 : 9004311823
Total Pages : 541 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Lost Books by : Flavia Bruni

Download or read book Lost Books written by Flavia Bruni and published by BRILL. This book was released on 2016-04-19 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of survival and loss bedevil the study of early printed books. Many early publications are not particularly rare, but many have disappeared altogether. Here leading specialists in the field explore different strategies for recovering this lost world of print.

Reconstructing Rage

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Publisher : Black Studies and Critical Thinking
ISBN 13 : 9781433114724
Total Pages : 0 pages
Book Rating : 4.1/5 (147 download)

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Book Synopsis Reconstructing Rage by : Townsand Price-Spratlen

Download or read book Reconstructing Rage written by Townsand Price-Spratlen and published by Black Studies and Critical Thinking. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: One in every 31 U.S. adults is in the penal system. This mass incarceration is by far the largest in the world. African Americans are disproportionately imprisoned and challenged by the consequences of incarceration in education, jobs, voting, and other aspects of life. Since 96 percent of those imprisoned are released, there is an urgent need for resources and research that can improve reentry outcomes. Reconstructing Rage analyzes how - and how well - one company, Reconstruction, Inc. of Philadelphia, has organized returning prisoners, their families, and communities for 24 years. It looks at Reconstruction's programs, strategies, and patterns of change over time; holistic (i.e., mind-body-spirit) and principled transformations in the people and families it has touched; and at the company's collaborations and contributions to criminal justice and public policy best practices. Reconstructing Rage explores challenges of improving community capacity and quality of life outcomes within and beyond reentry and reintegration, for former felons, their families, and a growing number of others interested in a broader social justice.

Reconstructing Obesity

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Publisher : Berghahn Books
ISBN 13 : 1782381422
Total Pages : 256 pages
Book Rating : 4.7/5 (823 download)

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Book Synopsis Reconstructing Obesity by : Megan B. McCullough

Download or read book Reconstructing Obesity written by Megan B. McCullough and published by Berghahn Books. This book was released on 2013-10-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the crowded and busy arena of obesity and fat studies, there is a lack of attention to the lived experiences of people, how and why they eat what they do, and how people in cross-cultural settings understand risk, health, and bodies. This volume addresses the lacuna by drawing on ethnographic methods and analytical emic explorations in order to consider the impact of cultural difference, embodiment, and local knowledge on understanding obesity. It is through this reconstruction of how obesity and fatness are studied and understood that a new discussion will be introduced and a new set of analytical explorations about obesity research and the effectiveness of obesity interventions will be established.

Reconstructing the Dreamland

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190289694
Total Pages : 208 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Reconstructing the Dreamland by : Alfred L. Brophy

Download or read book Reconstructing the Dreamland written by Alfred L. Brophy and published by Oxford University Press. This book was released on 2003-04-10 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1921 Tulsa Race Riot was the country's bloodiest civil disturbance of the century. Thirty city blocks were burned to the ground, perhaps 150 died, and the prosperous black community of Greenwood, Oklahoma, was turned to rubble. Brophy draws on his own extensive research into contemporary accounts and court documents to chronicle this devastating riot, showing how and why the rule of law quickly eroded. Brophy shines his lights on mob violence and racism run amok, both on the night of the riot and the following morning. Equally important, he shows how the city government and police not only permitted looting, shootings, and the burning of Greenwood, but actively participated in it by deputizing white citizens haphazardly, giving out guns and badges, or sending men to arm themselves. Likewise, the National Guard acted unconstitutionally, arresting every black resident they found, leaving property vulnerable to the white mob. Brophy's stark narrative concludes with a discussion of reparations for victims of the riot through lawsuits and legislative action. That case has implications for other reparations movements, including reparations for slavery. "Recovers a largely forgotten history of black activism in one of the grimmest periods of race relations.... Linking history with advocacy, Brophy also offers a reasoned defense of reparations for the riot's victims."--Washington Post Book World

Reconstructing History

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Author :
Publisher : Routledge
ISBN 13 : 1317721764
Total Pages : 400 pages
Book Rating : 4.3/5 (177 download)

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Book Synopsis Reconstructing History by : Elizabeth Fox-Genovese

Download or read book Reconstructing History written by Elizabeth Fox-Genovese and published by Routledge. This book was released on 2019-10-25 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: In May 1997, a group of distinguished historians announced the formation of the Historical Society, an organization that sought to be free of the jargon-laden debates and political agendas that have come to characterize the profession. Eugene Genovese, Prsident of the Society, explained the commitment to form a new and genuinely diverse organization. "The Society extends from left to right and embraces people of every ideological and political tendency. The Society promotes frank debate in an atmosphere of civility, mutual respect, and common courtesy. All we require is that participants lay down plausible premises; reason logically; appeal to evidence; and prepare to exchange criticism with those who hold different points of view. Our goal: to promote an integrated history accessible to the public." From those beginnings, the Society has grown to include hundreds of members from every level of the profession, from Pulitzer-prize winning scholars to graduate students, across the ideological and political spectrum. In this first book from the Historical Society, several founding members explore central topics within the field; the enduring value of the practice of history; the sensitive use of historical records, sources, and archives; the value of common standards; and much more. An engaging and challenging work that will appeal to scholars, students, educators, and the many public readers who have become lost in the culture wars, Reconstructing History is sure to generate the kind of civil, reasoned debate that is a foundational goal of the Historical Society. Contributors include Walter A. McDougall, Marc Trachtenberg, Alan Charles Kors, Deborah A. Symonds, Leo P. Ribuffo, Bruce Kuklick, Elizabeth Fox-Genovese, Gertrude Himmelfarb, Edward Berkowitz, John Patrick Diggins, John Womack, Victor Davis Hanson, Miriam R. Levin, Martin J. Sklar, Eugene D. Genovese, Daniel C. Littlefield, Elisabeth Lasch-Quinn, Russell Jacoby, Rochelle Gurstein, Paul Rahe, Donald Kagan, Diane Ravitch, Sean Wilentz, Louis Ferleger and Richard H. Steckel.

Reconstructing Justice

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Author :
Publisher : University of Chicago Press
ISBN 13 : 9780226777184
Total Pages : 332 pages
Book Rating : 4.7/5 (771 download)

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Book Synopsis Reconstructing Justice by : Franklin Strier

Download or read book Reconstructing Justice written by Franklin Strier and published by University of Chicago Press. This book was released on 1996-05-15 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this lively and persuasive critique, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. He offers a detailed blueprint of how to improve our basic adversarial system while blunting its excesses and inequities. Strier points out that the jury system was originally intended to diffuse the power of the government, but criticizes the method by which jurors are selected, patronized, and manipulated. Among his suggestions: eliminate peremptory challenges, give jurors the authority, and judges the responsibility, to ask questions of witnesses, and use neutral expert witnesses.

Reconstructing Communicating

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Author :
Publisher : Routledge
ISBN 13 : 1135656193
Total Pages : 162 pages
Book Rating : 4.1/5 (356 download)

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Book Synopsis Reconstructing Communicating by : Robyn Penman

Download or read book Reconstructing Communicating written by Robyn Penman and published by Routledge. This book was released on 2000-07-01 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this innovative and potentially controversial book, Penman examines the future of communication as a discipline. She foresees a time in which communicating is conceived as a social construction process, in the anticipation that this will allow a genuine practical response to contemporary social problems. The book sets out a map toward accomplishing that future--laying the foundations for a different way of conceiving of communication, enabling direct action, rather than just theorizing about it. It begins with a history illustrating how the communication discipline has arrived to where it is today and then goes on to demonstrate Penman's conception of communication. Reconstructing Communicating is an exploration of what it means to inquire into communicating; to treat communicating as the essential problematic of concern; and to recognize that we construct our reality in our communicating. In undertaking this exploration, the author pursues a central theme of what constitutes good communicating and good communication research. Arguments throughout this book provide a radical departure from mainstream communication studies and especially from the rationalist's quest for truth and scientific knowledge. A way of acting in good faith is offered, both with the process of communicating and with the participants in it, that generates practical understandings for constructing new futures. Designed for communication scholars and graduate students primarily in organizational communication, public relations, and communication theory, this book will also interest those in management and business as it deals with practical communication issues.