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Author:
Publisher: Stanford University Press
ISBN: 0804779597
Category : Law
Languages : en
Pages : 305
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Book Description
This collection discusses the contributions of great common-law jurists and singular documents - namely the Magna Carta and the Laws and Liberties of Massachusetts - that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less-known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale.
Author:
Publisher: Stanford University Press
ISBN: 0804779597
Category : Law
Languages : en
Pages : 305
Get Book
Book Description
This collection discusses the contributions of great common-law jurists and singular documents - namely the Magna Carta and the Laws and Liberties of Massachusetts - that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less-known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale.
Author: Thomas Garden Barnes
Publisher: Stanford Law Books
ISBN: 9780804757140
Category : Law
Languages : en
Pages : 282
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Book Description
In a series of fifteen vivid essays, this book discusses the contributions of great common-law jurists and singular documents--namely the Magna Carta and the Laws and Liberties of Massachusetts--that have shaped common law, from its origins in twelfth-century England to its arrival in the American colonies. Featured jurists include such widely recognized figures as Glanvill, Francis Bacon, Sir Edward Coke, and John Selden, as well as less known but influential writers like Richard Hooker, Michael Dalton, William Hudson, and Sir Matthew Hale. Across the essays, the jurists' personalities are given voice, the context of time and events made clear, and the continuing impact of the texts emphasized. Taken as a whole, the book offers a simple reverence for the achievements of these men and law books and a deep respect for the role historical events have played in the development of the common law.
Author: Paul Daly
Publisher: University of Toronto Press
ISBN: 1487504438
Category : Law
Languages : en
Pages : 423
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Book Description
For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law - such as political science, history, and sociology - who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines.
Author: Theodore Frank Thomas Plucknett
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771372
Category : Common law
Languages : en
Pages : 828
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Book Description
Originally published: 5th ed. Boston: Little, Brown and Co., 1956.
Author: Mary Arden
Publisher: Oxford University Press
ISBN: 0198755848
Category : Law
Languages : en
Pages : 328
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Book Description
Law is a lasting social institution, but it must also be responsive to change. In this volume Mary Arden draws upon her experience to examine how judge-made law adapts to the evolving demands of society, how law reform works in practice, and the future of the judiciary in our diverse modern culture.
Author: Keith N. Hylton
Publisher: Cambridge University Press
ISBN: 9780521793780
Category : Law
Languages : en
Pages : 436
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Book Description
Preface p. xi 1 Economics p. 1 I. Definitions p. 1 II. Perfect Competition Versus Monopoly p. 9 III. Further Topics p. 21 2 Law and Policy p. 27 I. Some Interpretation Issues p. 28 II. Enacting the Antitrust Law p. 30 III. What Should Antitrust Law Aim to Do? p. 40 3 Enforcement p. 43 I. Optimal Enforcement Theory p. 43 II. Enforcement Provision of the Antitrust Laws p. 47 Appendix p. 64 4 Cartels p. 68 I. Cartels p. 68 II. Conscious Parallelism p. 73 III. Conclusion p. 89 5 Development of Section 1 Doctrine p. 90 I. The Sherman Act Versus the Common Law p. 90 II. Rule of Reason and Per-Se Rule p. 104 III. Conclusion p. 112 6 Rule of Reason and Per-Se Rule p. 113 I. The Case for Price Fixing p. 113 II. Per-Se and Rule of Reason Analysis: Further Developments p. 116 III. Per-Se Versus Rule of Reason Tests: Understanding the Supreme Court's Justification for the Per-Se Rule p. 129 7 Agreement p. 132 I. The Development of Inference Doctrine p. 133 II. Rejection of Unilateral Contract Theory p. 140 8 Facilitating Mechanisms p. 144 I. Data Dissemination Cases p. 145 II. Basing Point Pricing and Related Practices p. 154 III. Basing Point Pricing: Economics p. 160 9 Boycotts p. 166 I. Pre-Socony p. 166 II. Post-Socony p. 170 III. Post-BMI/Sylvania p. 181 IV. Conclusion p. 184 10 Monopolization p. 186 I. Development of Section 2 Doctrine p. 186 II. Leveraging and Essential Facility Cases p. 202 III. Predatory Pricing p. 212 IV. Conclusion p. 228 11 Power p. 230 I. Measuring Market Power p. 230 II. Determinants of Market Power p. 235 III. Substitutability and the Relevant Market: Cellophane p. 237 IV. Multimarket Monopoly and the Relevant Market: Alcoa p. 239 V. Measuring Power: Guidelines p. 243 12 Attempts p. 244 I. The Swift Formula and Modern Doctrine p. 244 II. Dangerous Probability Requirement p. 248 13 Vertical Restraints p. 252 I. Resale Price Maintenance p. 252 II. Vertical Nonprice Restraints p. 262 III. Manufacturer Retains Title p. 267 IV. Agreement p. 270 14 Tying and Exclusive Dealing p. 279 I. Introduction p. 279 II. Early Cases p. 284 III. Development of Per-Se Rule p. 286 IV. Tension Between Rule of Reason Arguments and Per-Se Rule p. 295 V. Technological Tying p. 301 VI. Exclusive Dealing p. 303 Appendix p. 307 15 Horizontal Mergers p. 311 I. Reasons for Merging and Implications for Law p. 311 II. Horizontal Merger Law p. 317 III. Conclusion p. 330 Appendix p. 330 16 Mergers, Vertical and Conglomerate p. 333 I. Vertical Mergers p. 333 II. Conglomerate Mergers p. 344 III. Concluding Remarks p. 351 17 Antitrust and the State p. 352 I. Noerr-Pennington Doctrine p. 354 II. Parker Doctrine p. 371 III. Some Final Comments: Error Costs and Immunity Doctrines p. 375 Index p. 379.
Author: Oliver Wendell Holmes
Publisher: DigiCat
ISBN:
Category : Law
Languages : en
Pages : 338
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Book Description
DigiCat Publishing presents to you this special edition of "The Common Law" by Oliver Wendell Holmes. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Author: Roscoe Pound
Publisher:
ISBN: 9781436635585
Category :
Languages : en
Pages : 242
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Book Description
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
Author: James Reist Stoner
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 230
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Book Description
In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Author: Vanessa Gruben
Publisher: University of Toronto Press
ISBN: 1487540744
Category : Law
Languages : en
Pages : 264
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Book Description
Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin’s approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics – including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court.
