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Reconstructing Contracts
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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 2013-04-01 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.
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.
Book Synopsis Legal Tech, Smart Contracts and Blockchain by : Marcelo Corrales
Download or read book Legal Tech, Smart Contracts and Blockchain written by Marcelo Corrales and published by Springer. This book was released on 2019-02-07 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a broad consensus amongst law firms and in-house legal departments that next generation “Legal Tech” – particularly in the form of Blockchain-based technologies and Smart Contracts – will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory “gap.” Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.
Book Synopsis Reconstructing Iraq's Budgetary Institutions by : James D. Savage
Download or read book Reconstructing Iraq's Budgetary Institutions written by James D. Savage and published by Cambridge University Press. This book was released on 2013 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consistent with the literature on state building, failed states, peacekeeping and foreign assistance, this book argues that budgeting is a core state activity necessary for the operation of a functional government. Employing a historical institutionalist approach, this book first explores the Ottoman, British and Ba'athist origins of Iraq's budgetary institutions. The book next examines American pre-war planning, the Coalition Provisional Authority's rule-making and budgeting following the invasion of Iraq in 2003, and the mixed success of the Coalition's capacity-building programs initiated throughout the occupation. This book sheds light on the problem of 'outsiders' building states, contributes to a more comprehensive evaluation of the Coalition in Iraq, addresses the question of why Iraqis took ownership of some Coalition-generated institutions, and helps explain the nature of institutional change.
Book Synopsis Liberalizing Contracts by : Anat Rosenberg
Download or read book Liberalizing Contracts written by Anat Rosenberg and published by Routledge. This book was released on 2017-07-20 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.
Book Synopsis Reconstructing Post-Saddam Iraq by : Sultan Barakat
Download or read book Reconstructing Post-Saddam Iraq written by Sultan Barakat and published by Routledge. This book was released on 2007-08-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previously published as a special issue of Third World Quarterly, this volume seeks to analyze to what extent the controversial US policy of democratizing the Middle East with pre-emptive invasions was justified or effective. Post 9/11 the US developed a policy of War on Terror, taking the decision to democratize the Middle East with pre-emptive invasions in both Afghanistan and Iraq. As Barakat puts it "Iraq was deliberately de-constructed in order to be reconstructed in a new model." Looking not only at the evidence of democracy post-invasion, the author also considers the global, regional and internal politics leading up to the decision to invade. The effect is an insightful and vital volume that fulfils an urgent need and seeks to answer the questions most troubling the international community since the invasion of Iraq. Were the invasion of Iraq and Afghanistan an exploitation of military supremacy to secure a favourable balance of power for the US? Is it possible to build a stable democracy after a pre-emptive invasion? What is the current outlook for a stable democracy in Iraq? Reconstructing Post-Saddam Iraq is vital reading for all those interested in international politics and the future in Iraq.
Book Synopsis Contract Theory by : Stephen A. Smith
Download or read book Contract Theory written by Stephen A. Smith and published by OUP Oxford. This book was released on 2004-03-25 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.
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.
Book Synopsis Reconstructing Teaching by : Ian Hextall
Download or read book Reconstructing Teaching written by Ian Hextall and published by Routledge. This book was released on 2013-04-15 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the greatest resources a school has is its staff. How teachers themselves, and their work, are defined are therefore matters of utmost importance. Major trends of increased control and 'new mangerialism' are occurring in most OECD countries, radically altering both the content and form of teacher education. This book outlines recent changes in teacher education and professional development and, by drawing on recent research findings, explores the positive and negative impacts on the nature of teaching and the shape of the profession.
Book Synopsis Law and Economics: Market, Non-market and Network Transactions by : Panta Murali Prasad
Download or read book Law and Economics: Market, Non-market and Network Transactions written by Panta Murali Prasad and published by Vernon Press. This book was released on 2019-08-31 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is well known that sustainable development practices, technological innovation and good governance play a major role in the accumulation of wealth in a knowledge economy. Hence, the state promotes competition, provides incentives to conserve resources and creates opportunities for citizens to push for innovation and invention. As a result, the formulation of efficient legal rules is essential for protecting intellectual property rights, fully specified contracts and effective ex-ante and ex-post systems. However, can efficient legal rules improve societal well-being by changing the behaviour of individuals and basic social structures and trends? And if so, how can these legal rules be formulated? In their Second International Conference on Law and Economics, the Indian Institute of Technology Kanpur aimed to address the formulation and implementation of efficient legal rules while at the same time working towards a greater dissemination of law and economics-based research. This book is the final outcome of this conference that saw over thirty presentations take place. The twelve carefully selected contributions to this volume cover a broad range of topics within law and economics from engaging with decisions makers to create a process for the routine collection of empirical evidence to perceived gender discrimination and stress among working professionals. This book is not only an important contribution to law and economics scholarship but will also be of great interest to both universities and research institutions working within the field.
Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen
Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021-04-30 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Transnational Law offers a unique and unparalleled treatment and presentation in the field of Transnational Law that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, and practice today. This in itself constitutes an ambitious editorial project, not only within law and legal doctrine, but also with regard to an increasing interest in an interdisciplinary engagement of law with social sciences - including sociology, anthropology, political science, geography, and political theory. Closely tied into the substantive transformation that many legal fields are undergoing is the observation that many of these developments are driven by changes in an increasingly global legal practice today. The concept then, of 'transnational law' aims at capturing the distinctly border- crossing nature even of those legal fields which had for the longest been time been seen as having merely 'domestic' relevance. This shift also requires a conscious effort among law school classroom instructors, casebook authors, and curriculum reformers to adapt their teaching content to these circumstances. As the authors of this Handbook make clear, this adaptation requires a close dialogue between a scholarly investigation into the transnational 'concept of law' and the challenges faced by practicing lawyers, be that as solicitor, in-house counsel, as judges, or as bureaucrats in a globalized regulatory and socio-economic environment. While the main thrust is on the transnationalization of legal doctrine and legal theory, with a considerable contribution from and engagement with social sciences, the Handbook features numerous reflections on the relationship between transnational law and legal practice.
Book Synopsis Reconstructing Solidarity by : Virginia Doellgast
Download or read book Reconstructing Solidarity written by Virginia Doellgast and published by Oxford University Press. This book was released on 2018-01-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Work is widely thought to have become more precarious. Many people feel that unions represent the interests of protected workers in good jobs at the expense of workers with insecure employment, low pay, and less generous benefits. Reconstructing Solidarity: Labour Unions, Precarious Work, and the Politics of Institutional Change in Europe argues the opposite: that unions try to represent precarious workers using a variety of creative campaigning and organizing tactics. Where unions can limit employers' ability to 'exit' labour market institutions and collective agreements, and build solidarity across different groups of workers, this results in a virtuous circle, establishing union control over the labour market. Where they fail to do so, it sets in motion a vicious circle of expanding precarity based on institutional evasion by employers. Ieconstructing Solidarity examines how unions build, or fail to build, inclusive worker solidarity to challenge this vicious circle and to re-regulate increasingly precarious jobs. Comparative case studies from fourteen European countries describe the struggles of workers and unions in industries such as local government, retail, music, metalworking, chemicals, meat packing, and logistics. Their findings argue against the thesis that unions act primarily to protect labour market insiders at the expense of outsiders.
Book Synopsis Contracts in the Real World by : Lawrence A. Cunningham
Download or read book Contracts in the Real World written by Lawrence A. Cunningham and published by Cambridge University Press. This book was released on 2012-04-09 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts, the foundation of economic activity, are both vital and misunderstood. This book corrects the misunderstandings through a series of engaging stories involving such diverse individuals as Martin Luther King, Maya Angelou, Clive Cussler, Lady Gaga and Donald Trump. Capturing the essentials of this subject, the book explores recurring issues people face in contracting. It shows how age-old precedents and wisdom still apply today and how contract law's inherent dynamism cautions against exuberant reforms. The book will appeal to the general reader and specialists in the field alike, and to both teachers and students of contracts.
Book Synopsis Speech and Silence in American Law by : Austin Sarat
Download or read book Speech and Silence in American Law written by Austin Sarat and published by Cambridge University Press. This book was released on 2010-03-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Rather than abstract philosophical discussion or yet another analysis of legal doctrine, Speech and Silence in American Law seeks to situate speech and silence, locating them in particular circumstances and contexts and asking how context matters in facilitating speech or demanding silence. To understand speech and silence we have to inquire into their social life and examine the occasions and practices that call them forth and that give them meaning. Among the questions addressed in this book are: who is authorized to speak? And what are the conditions that should be attached to the speaking subject? Are there occasions that call for speech and others that demand silence? What is the relationship between the speech act and the speaker? Taking these questions into account helps readers understand what compels speakers and what problems accompany speech without a known speaker, allowing us to assess how silence speaks and how speech renders the silent more knowable.
Book Synopsis Reconstructing the Commercial Republic by : Stephen L. Elkin
Download or read book Reconstructing the Commercial Republic written by Stephen L. Elkin and published by University of Chicago Press. This book was released on 2015-01-16 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Madison is the thinker most responsible for laying the groundwork of the American commercial republic. But he did not anticipate that the propertied class on which he relied would become extraordinarily politically powerful at the same time as its interests narrowed. This and other flaws, argues Stephen L. Elkin, have undermined the delicately balanced system he constructed. In Reconstructing the Commercial Republic, Elkin critiques the Madisonian system, revealing which of its aspects have withstood the test of time and which have not. The deficiencies Elkin points out provide the starting point for his own constitutional theory of the republic—a theory that, unlike Madison’s, lays out a substantive conception of the public interest that emphasizes the power of institutions to shape our political, economic, and civic lives. Elkin argues that his theory should guide us toward building a commercial republic that is rooted in a politics of the public interest and the self-interest of the middle class. He then recommends specific reforms to create this kind of republic, asserting that Americans today can still have the lives a commercial republic is intended to promote: lives with real opportunities for economic prosperity, republican political self-government, and individual liberty.
Download or read book Wrap Contracts written by Nancy S. Kim and published by Oxford University Press. This book was released on 2013-09-19 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society.
Book Synopsis The Performance of Contracts by : George Purcell Costigan
Download or read book The Performance of Contracts written by George Purcell Costigan and published by . This book was released on 1911 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
