Reasonableness And Risk

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Reasonableness and Risk

Author : Gregory C. Keating
Publisher : Oxford University Press
ISBN 13 : 0190867949
Total Pages : 361 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Reasonableness and Risk by : Gregory C. Keating

Download or read book Reasonableness and Risk written by Gregory C. Keating and published by Oxford University Press. This book was released on 2022-12-18 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of torts is concerned with what we owe to one another in the way of obligations not to interfere with, or impair, each other's urgent interests as we go about our lives in civil society. The most influential contemporary account of tort law treats tort liability rules as shadow prices. Their role is not to vindicate claimants' own rights and interests, but to induce us to injure one another only when it is economically efficient to do so. The chief competitors to the economic view take tort law's importance to lie primarily in the duties of repair that it imposes on wrongdoers, or in the powers of recourse that it confers on the victims of tortious wrongs. This book argues that tort law's primary obligations address a domain of basic justice and that its rhetoric of reasonableness implies a distinctive morality of mutual right and responsibility. Modern tort law is preoccupied with, and responds to, the special moral significance of harm. That special significance sometimes justifies standards of precaution more stringent than those prescribed by efficiency. This book also examines the regulatory and administrative institutions with which the common law of torts cooperates and competes, treating these as part of a continuum of institutions that instantiate the primary role pursued by modern tort law - that is, to protect our physical integrity and other essential interests from impairment and interference by others, and to do so terms that all those affected might accept as justifiable.

Reasonable Risk

Author : Marjana Martinic
Publisher : Psychology Press
ISBN 13 : 9780415946360
Total Pages : 208 pages
Book Rating : 4.9/5 (463 download)

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Book Synopsis Reasonable Risk by : Marjana Martinic

Download or read book Reasonable Risk written by Marjana Martinic and published by Psychology Press. This book was released on 2004 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.

Business Law I Essentials

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)

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Book Synopsis Business Law I Essentials by : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)

Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Rethinking the Reasonable Person

Author : Mayo Moran
Publisher : Oxford University Press, USA
ISBN 13 : 9780199247820
Total Pages : 372 pages
Book Rating : 4.2/5 (478 download)

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Book Synopsis Rethinking the Reasonable Person by : Mayo Moran

Download or read book Rethinking the Reasonable Person written by Mayo Moran and published by Oxford University Press, USA. This book was released on 2003 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'reasonable person' is used to assess the acceptability of behaviour in many areas of the law. This notion has attracted a great deal of criticism as it presupposes uncontested notions of 'normal' behaviour. This book explores whether there are deeper foundations to these criticisms.

When All Else Fails

Author : David A. Moss
Publisher : Harvard University Press
ISBN 13 : 9780674016095
Total Pages : 472 pages
Book Rating : 4.0/5 (16 download)

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Book Synopsis When All Else Fails by : David A. Moss

Download or read book When All Else Fails written by David A. Moss and published by Harvard University Press. This book was released on 2004-10-25 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important functions of government—risk management—is one of the least well understood. Moving beyond familiar public functions—spending, taxation, and regulation—Moss spotlights government's pivotal role as a risk manager, revealing the nature and extent of this function, which touches almost every aspect of economic life.

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.

Reasonableness and Fairness

Author : Christopher McMahon
Publisher : Cambridge University Press
ISBN 13 : 1107177170
Total Pages : 263 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reasonableness and Fairness by : Christopher McMahon

Download or read book Reasonableness and Fairness written by Christopher McMahon and published by Cambridge University Press. This book was released on 2016-11-03 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a historically focused account of the concepts of 'reasonableness' and 'fairness', showing how they are subject to historical evolution.

Ethical Conduct of Clinical Research Involving Children

Author : Institute of Medicine
Publisher : National Academies Press
ISBN 13 : 0309133386
Total Pages : 445 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Ethical Conduct of Clinical Research Involving Children by : Institute of Medicine

Download or read book Ethical Conduct of Clinical Research Involving Children written by Institute of Medicine and published by National Academies Press. This book was released on 2004-07-09 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, advances in biomedical research have helped save or lengthen the lives of children around the world. With improved therapies, child and adolescent mortality rates have decreased significantly in the last half century. Despite these advances, pediatricians and others argue that children have not shared equally with adults in biomedical advances. Even though we want children to benefit from the dramatic and accelerating rate of progress in medical care that has been fueled by scientific research, we do not want to place children at risk of being harmed by participating in clinical studies. Ethical Conduct of Clinical Research Involving Children considers the necessities and challenges of this type of research and reviews the ethical and legal standards for conducting it. It also considers problems with the interpretation and application of these standards and conduct, concluding that while children should not be excluded from potentially beneficial clinical studies, some research that is ethically permissible for adults is not acceptable for children, who usually do not have the legal capacity or maturity to make informed decisions about research participation. The book looks at the need for appropriate pediatric expertise at all stages of the design, review, and conduct of a research project to effectively implement policies to protect children. It argues persuasively that a robust system for protecting human research participants in general is a necessary foundation for protecting child research participants in particular.

Tort Law

Author : Keith N. Hylton
Publisher : Cambridge University Press
ISBN 13 : 1316598497
Total Pages : 465 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Tort Law by : Keith N. Hylton

Download or read book Tort Law written by Keith N. Hylton and published by Cambridge University Press. This book was released on 2016-06-06 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tort Law: A Modern Perspective is an advanced yet accessible introduction to tort law for lawyers, law students, and others. Reflecting the way tort law is taught today, it explains the cases and legal doctrines commonly found in casebooks using modern ideas about public policy, economics, and philosophy. With an emphasis on policy rationales, Tort Law encourages readers to think critically about the justifications for legal doctrines. Although the topic of torts is specific, the conceptual approach should pay dividends to those who are interested broadly in regulatory policy and the role of law. Incorporating three decades of advancements in tort scholarship, Tort Law is the textbook for modern torts classrooms.

Understanding Risk-Taking

Author : Jens O. Zinn
Publisher : Springer Nature
ISBN 13 : 3030286509
Total Pages : 375 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Understanding Risk-Taking by : Jens O. Zinn

Download or read book Understanding Risk-Taking written by Jens O. Zinn and published by Springer Nature. This book was released on 2019-10-03 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines and systematises findings from a growing body of research that examines the different rationales, dimensions and dynamics of risk-taking in current societies; providing insight into the different motivations and social roots of risk-taking to advance scholarly debates and improve social regulation. Conceptually, the book goes beyond common approaches which problematise socially undesirable risk-taking, or highlight the alluring character of risk-taking. Instead, it follows a broadly interpretivist approach and engages in examining motives, control, routinisation, reflexivity, skills, resources, the role of identity in risk-taking and how these are rooted in and framed by different social forces. Zinn draws on qualitative studies from different theoretical and conceptual backgrounds such as phenomenology, hermeneutics, pragmatism, feminism, class analysis, theory of practice and discourse analysis among others, to outline key distinctions and concepts central to the understanding of risk-taking. It will be a key resource for everyone who is concerned with the understanding and management of risk-taking in all kinds of social domains, such as immigration, youth, leisure sports, crime, health, finance, and social policy.

Risk

Author : General Stanley McChrystal
Publisher : Penguin
ISBN 13 : 0593192206
Total Pages : 369 pages
Book Rating : 4.5/5 (931 download)

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Book Synopsis Risk by : General Stanley McChrystal

Download or read book Risk written by General Stanley McChrystal and published by Penguin. This book was released on 2021-10-05 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the bestselling author of Team of Teams and My Share of the Task, an entirely new way to understand risk and master the unknown. Retired four-star general Stan McChrystal has lived a life associated with the deadly risks of combat. From his first day at West Point, to his years in Afghanistan, to his efforts helping business leaders navigate a global pandemic, McChrystal has seen how individuals and organizations fail to mitigate risk. Why? Because they focus on the probability of something happening instead of the interface by which it can be managed. In this new book, General McChrystal offers a battle-tested system for detecting and responding to risk. Instead of defining risk as a force to predict, McChrystal and coauthor Anna Butrico show that there are in fact ten dimensions of control we can adjust at any given time. By closely monitoring these controls, we can maintain a healthy Risk Immune System that allows us to effectively anticipate, identify, analyze, and act upon the ever-present possibility that things will not go as planned. Drawing on examples ranging from military history to the business world, and offering practical exercises to improve preparedness, McChrystal illustrates how these ten factors are always in effect, and how by considering them, individuals and organizations can exert mastery over every conceivable sort of risk that they might face. We may not be able to see the future, but with McChrystal’s hard-won guidance, we can improve our resistance and build a strong defense against what we know—and what we don't.

Products Liability Law

Author : Mark Geistfeld
Publisher : Aspen Publishing
ISBN 13 : 1543820670
Total Pages : 800 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Products Liability Law by : Mark Geistfeld

Download or read book Products Liability Law written by Mark Geistfeld and published by Aspen Publishing. This book was released on 2021-10-07 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.

Risk, Uncertainty and Profit

Author : Frank H. Knight
Publisher : Cosimo, Inc.
ISBN 13 : 1602060053
Total Pages : 401 pages
Book Rating : 4.6/5 (2 download)

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Book Synopsis Risk, Uncertainty and Profit by : Frank H. Knight

Download or read book Risk, Uncertainty and Profit written by Frank H. Knight and published by Cosimo, Inc.. This book was released on 2006-11-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timeless classic of economic theory that remains fascinating and pertinent today, this is Frank Knight's famous explanation of why perfect competition cannot eliminate profits, the important differences between "risk" and "uncertainty," and the vital role of the entrepreneur in profitmaking. Based on Knight's PhD dissertation, this 1921 work, balancing theory with fact to come to stunning insights, is a distinct pleasure to read. FRANK H. KNIGHT (1885-1972) is considered by some the greatest American scholar of economics of the 20th century. An economics professor at the University of Chicago from 1927 until 1955, he was one of the founders of the Chicago school of economics, which influenced Milton Friedman and George Stigler.

Risk Taking and Decision Making

Author :
Publisher : Stanford University Press
ISBN 13 : 0804765073
Total Pages : 540 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Risk Taking and Decision Making by :

Download or read book Risk Taking and Decision Making written by and published by Stanford University Press. This book was released on 1998-02 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risks are an integral part of complex, high-stakes decisions, and decisionmakers are faced with the unavoidable tasks of assessing risks and forming risk preferences. This is true for all decision domains, including financial, environmental, and foreign policy domains, among others. How well decisionmakers deal with risk affects, to a considerable extent, the quality of their decisions. This book provides the most comprehensive analysis available of the elements that influence risk judgments and preferences. The book has two dimensions: theoretical and comparative-historical. The study of risk-taking behavior has been dominated by the rational choice approach. Instead, the author adopts a socio-cognitive approach involving: a multivariate theory integrating contextual, cognitive, motivational, and personality factors that affect an individual decisionmaker's judgment and preferences; the social interaction and structural effects of the decisionmaking group and its organizational setting; and the role of cultural-societal values and norms that sanction or discourage risk taking behavior. The book's theoretical approach is applied and tested in five historical case studies of foreign military interventions. The richly detailed empirical data on the case studies make them, metaphorically speaking, an ideal laboratory for applying a process-tracing approach in studying judgment and decision processes at varying risk levels. The case studies analyzed are: U.S. interventions in Grenada in 1983 and Panama in 1989 (both low risk); Soviet intervention in Czechoslovakia in 1968 (moderate risk): U.S. intervention in Vietnam in 1964-68 (high risk); and Israel's intervention in Lebanon in 1982-83 (high risk).

International Convergence of Capital Measurement and Capital Standards

Author :
Publisher : Lulu.com
ISBN 13 : 9291316695
Total Pages : 294 pages
Book Rating : 4.2/5 (913 download)

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Book Synopsis International Convergence of Capital Measurement and Capital Standards by :

Download or read book International Convergence of Capital Measurement and Capital Standards written by and published by Lulu.com. This book was released on 2004 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dark Canyon

Author :
Publisher :
ISBN 13 :
Total Pages : 786 pages
Book Rating : 4.3/5 (555 download)

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Book Synopsis Dark Canyon by :

Download or read book Dark Canyon written by and published by . This book was released on 1992 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.