The Three And A Half Minute Transaction

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The Three and a Half Minute Transaction

Author : Mitu Gulati
Publisher : University of Chicago Press
ISBN 13 : 0226924386
Total Pages : 243 pages
Book Rating : 4.2/5 (269 download)

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Book Synopsis The Three and a Half Minute Transaction by : Mitu Gulati

Download or read book The Three and a Half Minute Transaction written by Mitu Gulati and published by University of Chicago Press. This book was released on 2013 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, when a Belgian court's novel judicial interpretation in Elliott Associates v. Peru rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors despite their refusal to enter into a restructuring agreement. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of 'stickiness' of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts - dating back to the nineteenth century - and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation and that are largely hidden from the individual lawyer tasked with drafting contracts. With the near certainty of massive sovereign debt structuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided"--Unedited summary from book jacket.

The Doctrine of Odious Debt in International Law

Author : Jeff King
Publisher : Cambridge University Press
ISBN 13 : 1107128013
Total Pages : 249 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Doctrine of Odious Debt in International Law by : Jeff King

Download or read book The Doctrine of Odious Debt in International Law written by Jeff King and published by Cambridge University Press. This book was released on 2016-05-26 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines how odious debts are not legally binding under international or domestic law, contrary to widely held legal opinion.

University of Chicago Law Review: Volume 81, Number 4 - Fall 2014

Author : University of Chicago Law Review
Publisher : Quid Pro Books
ISBN 13 : 1610278585
Total Pages : 686 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis University of Chicago Law Review: Volume 81, Number 4 - Fall 2014 by : University of Chicago Law Review

Download or read book University of Chicago Law Review: Volume 81, Number 4 - Fall 2014 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2014-12-17 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.

Glass Half Full

Author : Benjamin H. Barton
Publisher : Oxford University Press
ISBN 13 : 019020558X
Total Pages : 272 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Glass Half Full by : Benjamin H. Barton

Download or read book Glass Half Full written by Benjamin H. Barton and published by Oxford University Press. This book was released on 2015-05-15 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The hits keep coming for the American legal profession. Law schools are churning out too many graduates, depressing wages, and constricting the hiring market. Big Law firms are crumbling, as the relentless pursuit of profits corrodes their core business model. Modern technology can now handle routine legal tasks like drafting incorporation papers and wills, reducing the need to hire lawyers; tort reform and other regulations on litigation have had the same effect. As in all areas of today's economy, there are some big winners; the rest struggle to find work, or decide to leave the field altogether, which leaves fewer options for consumers who cannot afford to pay for Big Law. It would be easy to look at these enormous challenges and see only a bleak future, but Ben Barton instead sees cause for optimism. Taking the long view, from the legal Wild West of the mid-nineteenth century to the post-lawyer bubble society of the future, he offers a close analysis of the legal market to predict how lawyerly creativity and entrepreneurialism can save the profession. In every seemingly negative development, there is an upside. The trend towards depressed wages and computerized legal work is good for middle class consumers who have not been able to afford a lawyer for years. The surfeit of law school students will correct itself as the law becomes a less attractive and lucrative profession. As Big Law shrinks, so will the pernicious influence of billable hours, which incentivize lawyers to spend as long as possible on every task, rather than seeking efficiency and economy. Lawyers will devote their time to work that is much more challenging and meaningful. None of this will happen without serious upheaval, but all of it will ultimately restore the health of the faltering profession. A unique contribution to our understanding of the legal crisis, the unconventional wisdom of Glass Half Full gives cause for hope in what appears to be a hopeless situation.

Research Handbook on International and Comparative Sale of Goods Law

Author : Djakhongir Saidov
Publisher : Edward Elgar Publishing
ISBN 13 : 1786436159
Total Pages : 480 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on International and Comparative Sale of Goods Law by : Djakhongir Saidov

Download or read book Research Handbook on International and Comparative Sale of Goods Law written by Djakhongir Saidov and published by Edward Elgar Publishing. This book was released on 2019 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.

Revisiting the Contracts Scholarship of Stewart Macaulay

Author : Jean Braucher
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250611
Total Pages : 424 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Revisiting the Contracts Scholarship of Stewart Macaulay by : Jean Braucher

Download or read book Revisiting the Contracts Scholarship of Stewart Macaulay written by Jean Braucher and published by Bloomsbury Publishing. This book was released on 2013-01-14 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the papers prepared for a conference held at the Wisconsin Law School in 2011 to honour the work of Stewart Macaulay, one of the most famous contracts scholars of his generation. Macaulay has been writing about contracts and contract law for over 50 years; the 1960s were particularly productive years for him, when he introduced many novel ideas into the scholarly world. Macaulay's foundational work for what is now called relational contract theory was published during this period. Macaulay is also known for his use of empirical research and interdisciplinary theories to illuminate our knowledge of contracting practices. The papers in this volume reflect, in diverse ways, on the subsequent influence and the contemporary relevance of Macaulay's work. All the contributors are important contracts scholars in their own right: David Campbell and John Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin) and William Woodward from the USA. The volume also reproduces Macaulay's most cited paper, 'Non-Contractual Relations in Business', and excerpts from two other important papers of his, 'Private Legislation and the Duty to Read-Business Run by IBM Machine, the Law of Contracts and Credit Cards', and 'The Real and The Paper Deal: Empirical Pictures of Relationships, Complexity and the Urge for Transparent Simple Rules'.

Engineering a Better Future

Author : Eswaran Subrahmanian
Publisher : Springer
ISBN 13 : 3319911341
Total Pages : 200 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Engineering a Better Future by : Eswaran Subrahmanian

Download or read book Engineering a Better Future written by Eswaran Subrahmanian and published by Springer. This book was released on 2018-11-12 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines how the social sciences can be integrated into the praxis of engineering and science, presenting unique perspectives on the interplay between engineering and social science. Motivated by the report by the Commission on Humanities and Social Sciences of the American Association of Arts and Sciences, which emphasizes the importance of social sciences and Humanities in technical fields, the essays and papers collected in this book were presented at the NSF-funded workshop ‘Engineering a Better Future: Interplay between Engineering, Social Sciences and Innovation’, which brought together a singular collection of people, topics and disciplines. The book is split into three parts: A. Meeting at the Middle: Challenges to educating at the boundaries covers experiments in combining engineering education and the social sciences; B. Engineers Shaping Human Affairs: Investigating the interaction between social sciences and engineering, including the cult of innovation, politics of engineering, engineering design and future of societies; and C. Engineering the Engineers: Investigates thinking about design with papers on the art and science of science and engineering practice.

The Federal Arbitration Act and Access to Justice

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis The Federal Arbitration Act and Access to Justice by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Federal Arbitration Act and Access to Justice written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2014 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law As Engineering

Author : David Howarth
Publisher : Edward Elgar Publishing
ISBN 13 : 0857933787
Total Pages : 257 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Law As Engineering by : David Howarth

Download or read book Law As Engineering written by David Howarth and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'David Howarth's Law as Engineering is a profound contribution to the law. Evoking the level of originality associated with pioneering contributions to law and economics half a century ago, Howarth's book aligns law, not on economics, but on engineering styles of thought and problem solving. His analysis sheds deep light on a 21st century world where the work of transactional and legislative lawyers, who design and build social structures and devices much as engineers do physical ones, is becoming ever more important and complex, with far-reaching implications for both legal ethics and legal education.' – Scott Boorman, Yale university, US 'This is a brilliant, highly original analysis of what lawyers actually do and what they ought to do in order to protect their clients and the public. It will rescue lawyers from the kinds of behaviour that contributed to the financial crash. It also points legal education and research in important new directions.' – Sir Bob Hepple, Professor, QC FBA 'This book brings an important new perspective to a consideration of what lawyers do, and of what they are for. The implications explored in the book are an immensely valuable contribution to thinking on the future development of legal education and training. It should be read by everyone responsible for recruiting or training others for the law, whether in the public or the private sector.' – Sir Stephen Laws KCB, QC(Hon), LLD(Hon), First Parliamentary Counsel Law as Engineering proposes a radically new way of thinking about law, as a profession and discipline concerned with design rather than with litigation, and having much in common with engineering in the way it produces devices useful for its clients. It uses that comparison to propose ways of improving legal design, to advocate a transformation of legal ethics so that the profession learns from its role in the crash of 2008, and to reform legal education and research. Offering a totally new perspective, this book will be a fascinating read for law students and prospective law students, legal academics across all sub-fields, lawyers in government, especially those engaged in drafting legislation, and policymakers.

Time Mastery

Author : John Clemens
Publisher : Amacom Books
ISBN 13 : 9780814428887
Total Pages : 232 pages
Book Rating : 4.4/5 (288 download)

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Book Synopsis Time Mastery by : John Clemens

Download or read book Time Mastery written by John Clemens and published by Amacom Books. This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new leadership skill: making time an ally, not an enemy.

Sovereign Debt Diplomacies

Author : Pierre Penet
Publisher : Oxford University Press
ISBN 13 : 0198866356
Total Pages : 371 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Sovereign Debt Diplomacies by : Pierre Penet

Download or read book Sovereign Debt Diplomacies written by Pierre Penet and published by Oxford University Press. This book was released on 2021 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Sovereign Debt Diplomacies aims to revisit the meaning of sovereign debt in relation to colonial history and postcolonial developments. It offers three main contributions. The first contribution is historical. The volume historicises a research field that has so far focused primarily on the post-1980 years. A focus on colonial debt from the 19th century building of colonial empires to the decolonisation era in the 1960s-70s fills an important gap in recent debt historiographies. Economic historians have engaged with colonialism only reluctantly or en passant, giving credence to the idea that colonialism is not a development that deserves to be treated on its own. This has led to suboptimal developments in recent scholarship. The second contribution adds a 'law and society' dimension to studies of debt. The analytical payoff of the exercise is to capture the current developments and functional limits of debt contracting and adjudication in relation to the long-term political and sociological dynamics of sovereignty. Finally, Sovereign Debt Diplomacies imports insights from, and contributes to the body of research currently developed in the Humanities under the label 'colonial and postcolonial studies'. The emphasis on 'history from below' and focus on 'subaltern agency' usefully complement the traditional elite-perspective on financial imperialism favoured by the British school of empire history.

Philosophical Foundations of Contract Law

Author : Gregory Klass
Publisher : OUP Oxford
ISBN 13 : 019102208X
Total Pages : 417 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Philosophical Foundations of Contract Law by : Gregory Klass

Download or read book Philosophical Foundations of Contract Law written by Gregory Klass and published by OUP Oxford. This book was released on 2014-12-18 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

Corporate Governance and Responsible Investment in Private Equity

Author : Simon Witney
Publisher : Cambridge University Press
ISBN 13 : 1108627668
Total Pages : 241 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis Corporate Governance and Responsible Investment in Private Equity by : Simon Witney

Download or read book Corporate Governance and Responsible Investment in Private Equity written by Simon Witney and published by Cambridge University Press. This book was released on 2021-01-07 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private equity-backed companies are ubiquitous and economically significant. Consequently, the corporate governance of these companies matters to all of us, and – not surprisingly – is coming under increasing scrutiny. Simon Witney, a practicing private equity lawyer, positions private equity portfolio companies within existing academic theory and examines the laws that apply to them in the UK. He analyses the actual governance frameworks that are put in place and identifies problems created by the legal rules – as well as the market's solutions to them. This book not only explains why these governance mechanisms are established, but also what they are expected to achieve. Witney suggests that private equity owners have both the incentives and the capability to focus on responsible investment practices. Good governance, he argues, is a critical success factor for the private equity industry.

Following the Leader

Author : Raymond C. Kuo
Publisher : Stanford University Press
ISBN 13 : 1503628574
Total Pages : 285 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Following the Leader by : Raymond C. Kuo

Download or read book Following the Leader written by Raymond C. Kuo and published by Stanford University Press. This book was released on 2021-08-03 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations have powerful reasons to get their military alliances right. When security pacts go well, they underpin regional and global order; when they fail, they spread wars across continents as states are dragged into conflict. We would, therefore, expect states to carefully tailor their military partnerships to specific conditions. This expectation, Raymond C. Kuo argues, is wrong. Following the Leader argues that most countries ignore their individual security interests in military pacts, instead converging on a single, dominant alliance strategy. The book introduces a new social theory of strategic diffusion and emulation, using case studies and advanced statistical analysis of alliances from 1815 to 2003. In the wake of each major war that shatters the international system, a new hegemon creates a core military partnership to target its greatest enemy. Secondary and peripheral countries rush to emulate this alliance, illustrating their credibility and prestige by mimicking the dominant form. Be it the NATO model that seems so commonsense today, or the realpolitik that reigned in Europe of the late nineteenth century, a lone alliance strategy has defined broad swaths of diplomatic history. It is not states' own security interests driving this phenomenon, Kuo shows, but their jockeying for status in a world periodically remade by great powers.

Pragmatics and Law

Author : Francesca Poggi
Publisher : Springer
ISBN 13 : 3319446010
Total Pages : 476 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Pragmatics and Law by : Francesca Poggi

Download or read book Pragmatics and Law written by Francesca Poggi and published by Springer. This book was released on 2016-12-01 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?

The Oxford Handbook of Law and Economics

Author : Francesco Parisi
Publisher : Oxford University Press
ISBN 13 : 0191507210
Total Pages : 544 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Oxford Handbook of Law and Economics by : Francesco Parisi

Download or read book The Oxford Handbook of Law and Economics written by Francesco Parisi and published by Oxford University Press. This book was released on 2017-04-13 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.

Legal Education in the Global Context

Author : Christopher Gane
Publisher : Routledge
ISBN 13 : 1134804814
Total Pages : 318 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Legal Education in the Global Context by : Christopher Gane

Download or read book Legal Education in the Global Context written by Christopher Gane and published by Routledge. This book was released on 2017-05-15 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students with different understandings of what studying and practicing law is meant to be about. They find that law schools need to offer their students choices, a vision of practice that is not driven entirely by the demands of the marketplace or the needs of major international law firms. Bridging the gap between theory and practice, this book makes a significant contribution to the impact of globalization on legal education, and how students and law schools need to adapt for the future. It will be of great interest to academics and students of comparative legal studies and legal education, as well as policy-makers and practitioners.