Overcoming Law

Overcoming Law PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674649255
Category : Law
Languages : en
Pages : 612

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Book Description
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.

Overcoming Law

Overcoming Law PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674649255
Category : Law
Languages : en
Pages : 612

Get Book

Book Description
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.

Beating the Deal Killers

Beating the Deal Killers PDF Author: Stephen Giglio
Publisher: McGraw Hill Professional
ISBN: 0071416773
Category : Business & Economics
Languages : en
Pages : 226

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Book Description
Strategies for overcoming clock-watching clients, spilled coffee, and other sales nightmaresand closing the sale Selling is tough, and what can go wrong often will. Successful salespeople know they must prepare themselves for every potential deal-killer. Beating the Deal-Killers provides situation-specific advice for anticipating problems, handling them deftly, and returning everyone's attention to the matter at handcompleting the sale. More than just a valuable troubleshooting guide, however, this book by award-winning sales executive Stephen Giglio gives sales pros firsthand techniques they can put into action at their next sales meeting. Battleproven tips and pointers include: How to prepare for a relaxed yet take-charge sales call Techniques, actions, and phrases for motivating a prospect 10 effective ways to field objections

Overcoming Trumpery

Overcoming Trumpery PDF Author: Norman Eisen
Publisher: Brookings Institution Press
ISBN: 0815739680
Category : Political Science
Languages : en
Pages : 396

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Book Description
How to restore ethics, the rule of law, and democracy as the centerpieces of U.S. government U.S. government has been repeatedly renewed—sometimes simply repaired and other times reinvented—during its over 230 years. Major aspects of the federal system were broken again during the four years of the Trump administration, so it’s time for even more fixes. This book sets out the damage that was done and important ideas on how the repairs should be made, focusing on ethics, the rule of law, and democracy. Distinguished scholars and practitioners have come together not only to address what went awry over the past four years, but also the deeper weaknesses that have become more evident, and how those weaknesses can be repaired. The problem areas range from ethics and conflicts of interest to the Hatch Act and big money in politics, and from independence at the Department of Justice and government transparency to reestablishing Congressional oversight, and the government’s role in the broader areas of how Americans vote and of international ethics and rule of law. Overcoming Trumpery provides a framework to understand the significant developments that are already happening in Washington with respect to ethics, the rule of law, and democracy. These include the “For the People Act,” the “Protecting Our Democracy Act,” and President Biden’s Executive Order on Ethics. The ideas outlined in this book for fixing flaws in federal governance come from the more than century of collective experience of its expert authors. The book represents a burst of sunshine after a very dark period in the nation’s history.

Overcoming Necessity

Overcoming Necessity PDF Author: Thomas P. Crocker
Publisher: Yale University Press
ISBN: 0300181612
Category : Constitutional law
Languages : en
Pages : 345

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Book Description
An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.

Economic Analysis of Law

Economic Analysis of Law PDF Author: Richard A. Posner
Publisher: Aspen Publishers
ISBN:
Category : Law
Languages : en
Pages : 698

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Book Description
This text for students of law and economics concentrates on the progress of scholarship in the field. Concrete applications are emphasized over abstract theory in the book.

An Unimaginable Act

An Unimaginable Act PDF Author: Erin Merryn
Publisher: Simon and Schuster
ISBN: 075731757X
Category : Self-Help
Languages : en
Pages : 288

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Book Description
By sharing her personal journey through the pain she has suffered at the hands of her perpetrators, author Erin Merryn proves that one person can make a difference in the lives of others. Simply by speaking out and bringing the subject of child sexual abuse to the forefront, she has created a wave of change—change not only in legislature, but also in the hearts of those around her and the world. In this thought-provoking book, readers will discover an in-depth, personal account of Erin's story and how—through using positive outlets—she was able to rebuild her life and heal from a childhood filled with sexual abuse. Part memoir, part resource guide, Erin shares with readers key organizations that provide essential support for victims and caregivers, warning signs that a child who is being abused might display, and why Erin's Law is so essential.

Overcoming Law

Overcoming Law PDF Author: Richad A. Posner
Publisher:
ISBN: 9788175346369
Category : Jurisprudence
Languages : en
Pages : 597

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Book Description


Overcoming the Devastation of Legal Abuse Syndrome

Overcoming the Devastation of Legal Abuse Syndrome PDF Author: Karin Pearson Huffer
Publisher:
ISBN:
Category : Psychology
Languages : en
Pages : 306

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Book Description


Law, Pragmatism, and Democracy

Law, Pragmatism, and Democracy PDF Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042292
Category : Law
Languages : en
Pages : 428

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Book Description
A liberal state is a representative democracy constrained by the rule of law. Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense. The great advantage of democracy is not that it is the rule of the wise or the good but that it enables stability and orderly succession in government and limits the tendency of rulers to enrich or empower themselves to the disadvantage of the public. Posner’s theory steers between political theorists’ concept of deliberative democracy on the left and economists’ public-choice theory on the right. It makes a significant contribution to the theory of democracy—and to the theory of law as well, by showing that the principles that inform Schumpeterian democratic theory also inform the theory and practice of adjudication. The book argues for law and democracy as twin halves of a pragmatic theory of American government.

Pure in Heart

Pure in Heart PDF Author: Jenna Quinn
Publisher:
ISBN: 9780692738726
Category :
Languages : en
Pages :

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Book Description
"This powerful narrative will inspire empathy in parents, families, teachers, classmates, and friends of victims, and inspire hope in survivors that, like Jenna, they can heal and, in turn, help protect children from abuse." -Teresa Huizar, Executive Director, National Children's Alliance In a swift and breathtaking narrative, Pure In Heart tells the astonishing true story of how sixteen-year-old Jenna Quinn broke free from years of sexual abuse at the hands of a trusted family friend and coach. After the painful effects of the abuse almost cost Jenna her life, she found the courage to tell her story. With actual court impact statements, this book gives the reader a clear picture of how sexual abuse begins, progresses, and affects so many innocent lives. In Pure In Heart, Jenna is transparent about her road to recovery and healing that eventually led to her greatest passion: protecting children from abuse. Jenna's story answers the uncomfortable questions people have about child sexual abuse: How can a family not see the signs? What causes a child to keep silent for years? What resources and skills can we teach children to help them prevent or end abuse by speaking up? This book is not just a memoir; it's also a training tool with prevention as the hallmark. Jenna wrote this book to intentionally raise awareness for social change, with hopes of helping survivors find true healing and freedom. "Pure In Heart is a must-read. This book can give courage, hope, and support to anyone. It's more than inspirational. It's eye opening and gives the reader a guide to prevention." -Michael Medoro, Chief Development Officer of Childhelp "Captivating and refreshingly humorous at times-I couldn't put this book down." -Stacie Rumenap, President of Stop Child Predators