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Author: Francis R Doyle
Publisher: Martinus Nijhoff Publishers
ISBN: 9004531149
Category : Law
Languages : en
Pages : 695
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Book Description
Author: Francis R Doyle
Publisher: Martinus Nijhoff Publishers
ISBN: 9004531149
Category : Law
Languages : en
Pages : 695
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Book Description
Author: Paul Craig Roberts
Publisher: Crown
ISBN: 0307396061
Category : Political Science
Languages : en
Pages : 290
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Book Description
In this updated and expanded edition of The Tyranny of Good Intentions, Paul Craig Roberts and Lawrence M. Stratton renew their valiant campaign to reclaim that which is rightly ours–liberty protected by the rule of law. They show how crusading legislators and unfair prosecutors are remaking American law into a weapon wielded by the government and how the erosion of the legal principles we hold dear–such as habeas corpus and the prohibition against self-incrimination–is destroying the presumption of innocence. A new introduction and new chapters cover recent marquee cases and make this provocative book essential reading for anyone who cringes at the thought of unbridled state power and sees our civil liberties slowly slipping away in the name of the War on Drugs, the War on Crime, and the War on Terror.
Author: David S. Schwartz
Publisher: Oxford University Press
ISBN: 0190699507
Category : History
Languages : en
Pages : 336
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Book Description
2019 marks the 200th anniversary of one of the most important Supreme Court decisions in American history: McCulloch v. Maryland. The state of Maryland tried to impede the establishment of the Bank of the United States, but Chief Justice John Marshall decided that the Necessary and Proper clause of the Constitution gave the federal government implied powers that allowed it to charter the bank without hindrance. The decision expanded the power of the national government vis-à-vis the states, and it still figures centrally in contemporary debates about the scope of national legislative power. Indeed, Chief Justice Roberts' 2012 decision upholding the Affordable Care Act relied on it. In The Spirit of the Constitution, David S. Schwartz tells the story of the decision's long-term impact and the evolution of Justice Marshall's reputation. By tracing the rich history of McCulloch's influence from 1819 to the present, he shows that its meaning-and significance-for judges, political leaders, and the public varied greatly over time. The case was alternately celebrated, denounced, ignored, and reinterpreted to suit the needs of the moment. While Marshall was never reviled, he was not seen as especially influential until the late nineteenth century. Competing parties utilized McCulloch in constitutional debates over national power in the early republic; over the question of slavery in the late antebellum period; and over Congress's role in regulating the economy and civil rights in the twentieth century. Even after McCulloch's meaning seemed fixed by the mid-twentieth century, new debates about its implications have emerged in recent times. Schwartz's analysis of McCulloch's remarkable impact reaffirms the case's importance and unveils the circuitous process through which American constitutional law and ideology are made.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 796
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Book Description
Author: Jean Braucher
Publisher: Bloomsbury Publishing
ISBN: 1782250611
Category : Law
Languages : en
Pages : 435
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Book Description
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'.
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 822
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Book Description
Vols. 1- include Proceedings of the annual meeting of the American Association of Law Libraries.
Author: James Griffin
Publisher: Edward Elgar Publishing
ISBN: 1800376898
Category : Law
Languages : en
Pages : 227
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Book Description
Offering a novel and pragmatic perspective, this timely book critically examines the development of a culture of machinist regulation and questions whether this approach is appropriate in an era of rising biological technologies. Adopting an ontological approach, James Griffin considers how current regulatory frameworks favour digital technology and how this may change in the future.
Author: William Boyd
Publisher: JHU Press
ISBN: 1421413310
Category : Technology & Engineering
Languages : en
Pages : 371
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Book Description
The paper industry rejuvenated the American South—but took a heavy toll on its land and people. When the paper industry moved into the South in the 1930s, it confronted a region in the midst of an economic and environmental crisis. Entrenched poverty, stunted labor markets, vast stretches of cutover lands, and severe soil erosion prevailed across the southern states. By the middle of the twentieth century, however, pine trees had become the region’s number one cash crop, and the South dominated national and international production of pulp and paper based on the intensive cultivation of timber. In The Slain Wood, William Boyd chronicles the dramatic growth of the pulp and paper industry in the American South during the twentieth century and the social and environmental changes that accompanied it. Drawing on extensive interviews and historical research, he tells the fascinating story of one of the region’s most important but understudied industries. The Slain Wood reveals how a thoroughly industrialized forest was created out of a degraded landscape, uncovers the ways in which firms tapped into informal labor markets and existing inequalities of race and class to fashion a system for delivering wood to the mills, investigates the challenges of managing large papermaking complexes, and details the ways in which mill managers and unions discriminated against black workers. It also shows how the industry’s massive pollution loads significantly disrupted local environments and communities, leading to a long struggle to regulate and control that pollution.
Author: August Reinisch
Publisher: Cambridge University Press
ISBN: 0521653266
Category : Law
Languages : en
Pages : 523
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Book Description
A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.
Author: Robert F. van Brederode
Publisher: Kluwer Law International B.V.
ISBN: 9041142061
Category : Law
Languages : en
Pages : 294
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Book Description
This first comprehensive study of the interaction between technology and taxation approaches the subject along four main avenues: insight and analysis gained from empirical legal studies conducted in the area of taxation; methods for improving the control and management of the tax function in business; tax auditing through statistical sampling; and changes in the fiscal environment as a result of technological capabilities. Among the topics that arise are the following: what choices of sampling methodology exist; determination of both one-sided and two-sided confidence intervals; under what circumstances statistical sampling is acceptable as proof of underpayment and as a basis for penalties; the use of sampling agreements as a tool to improve taxpayers’ understanding of the process; complexities encountered by the introduction of technology in tax administration in developing countries; technological capability to detect economic activity in the informal sector; technological innovation as substitute for inadequate human capacity; improvements available to better monitor the movement and values of goods entering a country; safeguards to prevent unauthorized use of personal information; prioritizing resources to ensure that the key strategic objectives of the agency are being addressed; government defensive action and the threat to privacy; and capabilities and limitations of enterprise resource planning systems and tax engines. Although the author pays especially detailed attention to the technologies developed and used by the United States Internal Revenue Service, other notable systems developed by the European Union, Brazil, Mexico, and China are also examined. Various sampling methods and practices are illustrated with numerical examples. As tax systems acquire ever higher levels of integration, and because accuracy is crucial to the measurement of tax compliance, the perspectives opened and expertly analyzed by the author will prove of great importance. Practitioners, tax policymakers and administrators, tax standard setters, and tribunals dealing with disputes over tax administration and procedure, as well as academics and researchers, will instantly recognize the book’s great importance and practical value.
