Antitrust Law Journal

Antitrust Law Journal PDF Author:
Publisher:
ISBN:
Category : Energy policy
Languages : en
Pages : 728

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Book Description

Antitrust Law Journal

Antitrust Law Journal PDF Author:
Publisher:
ISBN:
Category : Energy policy
Languages : en
Pages : 728

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Book Description


Who's the Bigot?

Who's the Bigot? PDF Author: Linda C. McClain
Publisher: Oxford University Press
ISBN: 0190877219
Category : Law
Languages : en
Pages : 305

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Book Description
Historically, critics of interracial, interfaith, and most recently same-sex marriage have invoked conscience and religious liberty to defend their objections, and often they have been accused of bigotry. Although denouncing and preventing bigotry is a shared political value with a long history, people disagree over who is a bigot and what makes a belief, attitude, or action bigoted. This is evident from the rejoinder that calling out bigotry is intolerant political correctness, even bigotry itself. In Who's the Bigot?, the eminent legal scholar Linda C. McClain traces the rhetoric of bigotry and conscience across a range of debates relating to marriage and antidiscrimination law. Is "bigotry" simply the term society gives to repudiated beliefs that now are beyond the pale? She argues that the differing views people hold about bigotry reflect competing understandings of what it means to be "on the wrong side of history" and the ways present forms of discrimination resemble or differ from past forms. Furthermore, McClain shows that bigotry has both a backward- and forward-looking dimension. We not only learn the meaning of bigotry by looking to the past, but we also use examples of bigotry, on which there is now consensus, as the basis for making new judgments about what does or does not constitute bigotry and coming to new understandings of both injustice and justice. By examining charges of bigotry and defenses based on conscience and religious belief in these debates, Who's the Bigot? makes a novel and timely contribution to our understanding of the relationship between religious liberty and discrimination in American life.

Tort Law in America

Tort Law in America PDF Author: G. Edward White
Publisher: Oxford University Press, USA
ISBN: 9780195139655
Category : History
Languages : en
Pages : 428

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Book Description
G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.

Harvard Law Review: Volume 125, Number 1 - November 2011

Harvard Law Review: Volume 125, Number 1 - November 2011 PDF Author: Harvard Law Review
Publisher: Quid Pro Books
ISBN: 1610279654
Category : Law
Languages : en
Pages : 775

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Book Description
The Harvard Law Review is offered in a digital edition for ereaders, featuring active Table of Contents, linked footnotes and cross-references, legible tables, and proper ebook formatting. The Review generally publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts. Most student writing takes the form of Notes, Recent Cases, Recent Legislation, and Book Notes. This current issue of the Review is November 2011, the first issue of academic year 2011-2012 (Volume 125). The November issue is the special annual review of the Supreme Court's previous term. Each year, the issue is introduced by noteworthy and extensive articles from recognized scholars. In this issue, the Foreword is authored by Dan Kahan, and examines the idea of "neutral" judicial review and the Supreme Court's methodology of constitutional decisionmaking and establishment of precedent, as well as the problem of motivated cognition, particularly in light of notable cases from the 2010 Term. An article by Judith Resnik offers an extensive Comment on three recent notable cases: Wal-Mart v. Dukes, AT&T v. Concepcion, and Turner v. Rogers. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, on a wide range of legal, political and constitutional subjects. This issue surveys, in a series of case notes, the 2010 Term. Finally, the issue includes statistical summaries and tables of the 2010 Term, and recent book notes.

Research Handbook on Corporate Purpose and Personhood

Research Handbook on Corporate Purpose and Personhood PDF Author: Pollman, Elizabeth
Publisher: Edward Elgar Publishing
ISBN: 1789902916
Category : Law
Languages : en
Pages : 432

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Book Description
This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.

Legal Responses to Religious Practices in the United States

Legal Responses to Religious Practices in the United States PDF Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1139576976
Category : Law
Languages : en
Pages : 325

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Book Description
There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?

Managed Speech

Managed Speech PDF Author: Gregory P. Magarian
Publisher: Oxford University Press
ISBN: 0190466812
Category : Law
Languages : en
Pages : 297

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Book Description
Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.

Nominations of Michael B. Thornton, Joseph W. Nega, and F. Scott Kieff

Nominations of Michael B. Thornton, Joseph W. Nega, and F. Scott Kieff PDF Author: United States. Congress. Senate. Committee on Finance
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 88

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Dying Right

Dying Right PDF Author: Daniel Hillyard
Publisher: Routledge
ISBN: 113595769X
Category : Law
Languages : en
Pages : 321

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Book Description
Dying Right provides an overview of the Death With Dignity movement, a history of how and why Oregon legalized physician-assisted suicide, and an analysis of the future of physician-assisted suicide. Engaging the question of how to balance a patient's sense about the right way to die, a physician's role as a healer, and the state's interest in preventing killing, Dying Right captures the ethical, legal, moral, and medical complexities involved in this ongoing debate.

European Competition Law Annual 2013

European Competition Law Annual 2013 PDF Author: Philip Lowe
Publisher: Bloomsbury Publishing
ISBN: 1509900489
Category : Law
Languages : en
Pages : 641

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Book Description
This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.