The Failure of Corporate Law

The Failure of Corporate Law PDF Author: Kent Greenfield
Publisher: ReadHowYouWant.com
ISBN: 1459606167
Category : Law
Languages : en
Pages : 562

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Book Description
When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...

Perils and Possibilities

Perils and Possibilities PDF Author: Byron M. Sheldrick
Publisher: Halifax, N.S. : Fernwood
ISBN: 9781552661260
Category : Dissenters
Languages : en
Pages : 0

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Book Description
The legal system is presented as a political resource in this examination of how Canadian, American, and British law can be used by social justice activists to negotiate with and leverage the power of lawyers, courts, tribunals, and commissions of inquiry. The opportunities and dangers that the law presents the activist community are covered in detail, with discussions of the contradictions behind personal rights discourse and the importance of administrative boards. Strategic, practical, and tactical questions are addressed to facilitate understanding and encourage activists to carefully navigate the contradictions inherent in laws.

Nudging - Possibilities, Limitations and Applications in European Law and Economics

Nudging - Possibilities, Limitations and Applications in European Law and Economics PDF Author: Klaus Mathis
Publisher: Springer
ISBN: 3319295624
Category : Law
Languages : en
Pages : 391

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Book Description
This anthology provides an in-depth analysis and discusses the issues surrounding nudging and its use in legislation, regulation, and policy making more generally. The 17 essays in this anthology provide startling insights into the multifaceted debate surrounding the use of nudges in European Law and Economics. Nudging is a tool aimed at altering people’s behaviour in a predictable way without forbidding any option or significantly changing economic incentives. It can be used to help people make better decisions to influence human behaviour without forcing them because they can opt out. Its use has sparked lively debates in academia as well as in the public sphere. This book explores who decides which behaviour is desired. It looks at whether or not the state has sufficient information for debiasing, and if there are clear-cut boundaries between paternalism, manipulation and indoctrination. The first part of this anthology discusses the foundations of nudging theory and the problems associated, as well as outlining possible solutions to the problems raised. The second part is devoted to the wide scope of applications of nudges from contract law, tax law and health claim regulations, among others. This volume is a result of the flourishing annual Law and Economics Conference held at the law faculty of the University of Lucerne. The conferences have been instrumental in establishing a strong and ever-growing Law and Economics movement in Europe, providing unique insights in the challenges faced by Law and Economics when applied in European legal traditions.

Personalized Law

Personalized Law PDF Author: Omri Ben-Shahar
Publisher: Oxford University Press
ISBN: 0197522831
Category : Law
Languages : en
Pages : 257

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Book Description
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

Imagining New Legalities

Imagining New Legalities PDF Author: Austin Sarat
Publisher: Stanford University Press
ISBN: 0804781575
Category : Law
Languages : en
Pages : 223

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Book Description
Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.

Justice for Some

Justice for Some PDF Author: Noura Erakat
Publisher: Stanford University Press
ISBN: 1503608832
Category : History
Languages : en
Pages : 405

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Book Description
“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Infinite Possibilities (10th Anniversary)

Infinite Possibilities (10th Anniversary) PDF Author: Mike Dooley
Publisher: Simon and Schuster
ISBN: 1439121478
Category : Body, Mind & Spirit
Languages : en
Pages : 308

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Book Description
Infinite Possibilities is the masterwork from teacher, author, and featured speaker Mike Dooley. As the next step beyond his immensely popular Notes from the Universe trilogy, and his follow up, Choose them Wisely, this book contains even more enriching wisdom for living an abundant, joyous life. Mike Dooley knows that we create our own reality, our own fate, and our own luck. We’re beings filled with infinite possibility—just ready to explore how powerful we truly are. Manifesting the magnificence of our dreams isn’t about hard work, but rather about belief and expectation. These principles transcend belief, realizing the truth about our human nature. Your dreams are not accidental, nor inconsequential. And if someone were tell the truth about life, reality, and the powers we all possessed, would it be recognized? Our lives are full of adventures—and not exactly the sky-diving, mountain-climbing variety—but something better. Readers will laugh, applaud, and be inspired by Mike Dooley’s wit and wisdom.

Legal Writing from the Ground Up

Legal Writing from the Ground Up PDF Author: Tracy Turner
Publisher: Aspen Publishing
ISBN: 1454858796
Category : Law
Languages : en
Pages : 454

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Book Description
Legal Writing from the Ground Up: Process, Principles, and Possibilities breaks down legal writing into a step-by-step process but avoids a one-size-fits-all approach. This book helps legal writing professors balance the need to encourage original and strategic thinking while providing guidance for students as they develop their legal writing skills. Tracy Turner writes with today s generation of students in mind, and helps to arm student with specific and powerful tools without shackling their creativity. Key Features Multiple adaptations of the Issue, Rule, Application, and Conclusion (IRAC) paradigm that reflect a different approaches to problem solving Different strategic considerations in selecting the right analytical model for a particular case Consistent emphasis on the foundations of legal analysis Proven-effective techniques for continuing skill development Visual aids that are transferable learning tools, such as charts and diagrams Critical reading techniques, clearly explained Visually navigable pages and the author s direct and engaging writing style An intuitively logical organization of content, that easily adapts to myriad approaches to teaching and study

Queering International Law

Queering International Law PDF Author: Dianne Otto
Publisher: Routledge
ISBN: 1351971131
Category : Law
Languages : en
Pages : 493

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Book Description
This ground-breaking collection reflects the growing momentum of interest in the international legal community in meshing the insights of queer legal theory with those critical theories that have a much longer genealogy – notably postcolonial and feminist analyses. Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations. The contributors to the book use queer legal theory to critically analyse the basic tenets and operations of international law, with many surprising, thought-provoking and instructive results. The volume will be of interest to many scholars, students and researchers in international law, international relations, cultural studies, gender studies, queer studies and postcolonial studies.

The Failure of Corporate Law

The Failure of Corporate Law PDF Author: Kent Greenfield
Publisher: ReadHowYouWant.com
ISBN: 1459606167
Category : Law
Languages : en
Pages : 562

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Book Description
When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...

Codification of Maritime Law

Codification of Maritime Law PDF Author: Justyna Nawrot
Publisher: Informa Law from Routledge
ISBN: 9781032081960
Category :
Languages : en
Pages : 296

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Book Description
This book explores the problems inherent in the unification of maritime law. Featuring contributions from leading experts at European maritime law research centres, it considers international conventions, current maritime practice, standard forms and recently adopted national codifications of maritime law from the codification point of view.