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Author: Kim Lane Scheppele
Publisher: University of Chicago Press
ISBN: 9780226737782
Category : Law
Languages : en
Pages : 392
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Book Description
Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.
Author: Kim Lane Scheppele
Publisher: University of Chicago Press
ISBN: 9780226737782
Category : Law
Languages : en
Pages : 392
Get Book
Book Description
Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.
Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 080478390X
Category : Law
Languages : en
Pages : 287
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Book Description
The Secrets of Law explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it explores the ways law produces zones of secrecy, the relation between secrecy and justice, and how we understand the inscrutability of law's processes. The first half of the work examines the role of secrecy in contemporary political and legal practices—including the question of transparency in democratic processes during the Bush Administration, the principle of public justice in England's response to the war on terror, and the evidentiary law of spousal privilege. The second half of the book explores legal, literary, and filmic representations of secrets in law, focusing on how knowledge about particular cases and crimes is often rendered opaque to those attempting to access and decode the information. Those invested in transparency must ultimately cultivate a capacity to read between the lines, decode the illegible, and acknowledge both the virtues and dangers of the unknowable.
Author: Gabriel Schoenfeld
Publisher: W. W. Norton & Company
ISBN: 0393339939
Category : Law
Languages : en
Pages : 323
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Book Description
An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.
Author: Melvin F. Jager
Publisher:
ISBN:
Category : Trade secrets
Languages : en
Pages :
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Book Description
Author: David W. Quinto
Publisher: OUP USA
ISBN: 9780199767571
Category : Law
Languages : en
Pages : 0
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Book Description
This book assembles case law analysis and strategic advice on prosecuting and defending trade secret misappropriation actions, maintaining legally sufficient trade secret protection measures, and supervising outside attorneys in the course of litigation. This book is an invaluable resource for both firm-based litigators and in-house attorneys, and it sets a new standard for the insightful analysis of U.S. trade secret law and practice.
Author: C. C. Risenhoover
Publisher: Simpson PC
ISBN: 9781930899193
Category : Suicidal behavior
Languages : en
Pages : 0
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Book Description
Dallas-based Simpson and Stacy is one of the most unique law firms in the nation. The partners, Skip Simpson and Michael Stacy, handle suicide cases almost exclusively. Award winning journalist and best selling author C. C. Risenhoover pries into the minds of the two attorneys to discover what motivates their focus on suicide, and how the high-profile cases they handle affect them personally.
Author: James Dazouloute
Publisher: James Dazouloute
ISBN:
Category : Law
Languages : en
Pages : 185
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Book Description
This Book does give you all the basic tools that you will ever need when faced with Life, which is always full of legal situations. This book is also a collection of my many “ Legal Help Writings, “ which some have been published and others are brand new, all to help you so you will not miss out on any thing. And I also give to you a whopping 60 Chapters of legal situations that you will face, but with “ Ever – Green information “ on how to overcome your legal troubles today, and tomorrow. And I even show you how to legally have the Police apologize to you, as well how to properly handle your Lawyer and keep his or her feet to the legal fire. Just so you will never end up being a victim. I teach you the meaning of, and the inner workings of legal problems that you and your loved ones will face for life, and still end up having a fair shake at the legal system that was originally written to protect the common man and woman. And not the elite with money. https://www.JamesDazouloute.net/ - For More:
Author:
Publisher: Stanford University Press
ISBN: 9780804763219
Category : Law
Languages : en
Pages : 368
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Book Description
This book investigates the elements that have developed as part of the definition of propriety and good behavior, and how the law has acted to protect respectable people and their reputations.
Author: T. R. Halvorson
Publisher: Information Today
ISBN:
Category : Computers
Languages : en
Pages : 264
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Book Description
Presented by a symposium of experts in the field, this book skips the introduction to the Web and provides detailed information to attorneys and legal research professionals about how to conduct a research project. Topics include documenting the search, organizing a strategy, and efficient ways to build a search.
Author: Clifford Bellamy
Publisher: Bath Publishing Limited
ISBN: 1739099281
Category : Law
Languages : en
Pages : 410
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Book Description
For approaching two decades, family courts have been accused of making life changing decisions about children and who they live with made in secret, away from the scrutiny of the public gaze. Recognising the force of these accusations, senior family courts judges have, over that time, implemented a raft of rule changes, pilot projects and judicial guidance aimed at making the family justice more accountable and transparent. But has any progress been made? Are there still suspicions that family judges make irrevocable, unaccountable decisions in private hearings? And if so, are those suspicions justified and what can be done to dispel them? In this important and timely new book, Clifford Bellamy, a recently retired family judge who has been at the sharp end of family justice during all these changes, attempts to answer those questions and more. He has spoken to leading journalists, judges and academic researchers to find out what the obstacles to open reporting are – be they legal, economic or cultural - and interweaves their insights with informed analysis on how the laws regulating family court reporting operate. Along the way he provides a comprehensive review of the raft of initiatives he has seen come and go, summarises the position now and uses this experience to suggest how this fundamental aspect of our justice system could adapt in the face of this criticism. Every professional working in the family justice system – lawyers, social workers, court staff and judges - as well as those who job it is to report on legal affairs, should read this informative, nuanced exposition of what open justice means and why it matters so much to those whose lives are upended by the family justice system.
