Author: New England Law Review
Publisher: Quid Pro Books
ISBN: 1610278550
Category : Law
Languages : en
Pages : 249
Book Description
This issue is a contemporary look at the development of death penalty law and historical figures in this process, in Symposium: "A Look Back at the History of Capital Punishment." The New England Law Review now offers its issues in convenient digital formats for e-reader devices, apps, pads, smartphones, and computers. This final issue of Volume 48, Summer 2014, contains articles by leading figures of the academy. Contents of this issue include a Symposium on the history of U.S. capital punishment, featuring such recognized legal scholars as Evan J. Mandery, Michael Meltsner, Phyllis Goldfarb, and Zachary Baron Shemtob. The history and anomalies of the development of capital punishment law in the U.S. Supreme Court is explored, as well as cutting-edge issues in the politics of the death penalty (readily accessible to historians, nonlawyers, and others interested in the people and ideas behind the historical trend). Research includes telling interviews with past law clerks and other participants in the process of developing death penalty law over the years, and insightful analysis of the import of such decision-making and the impact of race. In addition, extensive student research explores such fields as mode-of-operation cases for tort lawsuits beyond the supermarket setting, the Morton memo and detention of asylum seekers, and expanding same-sex protections at work in harassment cases beyond the notion of sexual desire. Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.
New England Law Review: Volume 48, Number 4 - Summer 2014
New England Law Review: Volume 49, Number 4 - Summer 2015
Author: New England Law Review
Publisher: Quid Pro Books
ISBN: 1610278186
Category : Law
Languages : en
Pages : 204
Book Description
The New England Law Review offers its issues in convenient digital formats for e-reader devices, apps, pads, and phones. This 4th issue of Volume 49 (Sum. 2015) features an extensive and important Symposium entitled "What Stays in Vegas," presented by leading scholars on the subject of privacy and big data. Contents include: "Legal Questions Raised by the Widespread Aggregation of Personal Data," by Adam Tanner "What Stays in Vegas: The Road to 'Zero Privacy,'" by David Abrams "Privacy and Predictive Analytics in E-Commerce," by Shaun B. Spencer "Privacy and Innovation: Information as Property and the Impact on Data Subjects," by Rita S. Heimes In addition, Issue 4 includes these extensive student contributions: Note, "Reforming Civil Asset Forfeiture: Ensuring Fairness and Due Process for Property Owners in Massachusetts," by Charles Basler Note, "'Mature Person Preferred': The Circuit Split on the 'Ordinary Reader' Standard for Advertisements in Violation of the Fair Housing Act," by Heather G. Reid Comment, "Ultramercial III: The Federal Circuit's Long Lesson," by Tiffany Marie Knapp Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.
Publisher: Quid Pro Books
ISBN: 1610278186
Category : Law
Languages : en
Pages : 204
Book Description
The New England Law Review offers its issues in convenient digital formats for e-reader devices, apps, pads, and phones. This 4th issue of Volume 49 (Sum. 2015) features an extensive and important Symposium entitled "What Stays in Vegas," presented by leading scholars on the subject of privacy and big data. Contents include: "Legal Questions Raised by the Widespread Aggregation of Personal Data," by Adam Tanner "What Stays in Vegas: The Road to 'Zero Privacy,'" by David Abrams "Privacy and Predictive Analytics in E-Commerce," by Shaun B. Spencer "Privacy and Innovation: Information as Property and the Impact on Data Subjects," by Rita S. Heimes In addition, Issue 4 includes these extensive student contributions: Note, "Reforming Civil Asset Forfeiture: Ensuring Fairness and Due Process for Property Owners in Massachusetts," by Charles Basler Note, "'Mature Person Preferred': The Circuit Split on the 'Ordinary Reader' Standard for Advertisements in Violation of the Fair Housing Act," by Heather G. Reid Comment, "Ultramercial III: The Federal Circuit's Long Lesson," by Tiffany Marie Knapp Quality digital formatting includes linked notes, active table of contents, active URLs in notes, and proper Bluebook citations.
The Uncommon Law of Learned Writing
Author: Chinua Asuzu
Publisher: Partridge Africa
ISBN: 1482809052
Category : Education
Languages : en
Pages : 175
Book Description
The Uncommon Law of Learned Writing encourages and motivates lawyers and nonlawyers alike to prefer plain English to the legalese and verbosity that have plagued legal writing for centuries.
Publisher: Partridge Africa
ISBN: 1482809052
Category : Education
Languages : en
Pages : 175
Book Description
The Uncommon Law of Learned Writing encourages and motivates lawyers and nonlawyers alike to prefer plain English to the legalese and verbosity that have plagued legal writing for centuries.
Reflections on Judging
Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674184653
Category : Law
Languages : en
Pages : 423
Book Description
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Publisher: Harvard University Press
ISBN: 0674184653
Category : Law
Languages : en
Pages : 423
Book Description
In Reflections on Judging, Richard Posner distills the experience of his thirty-one years as a judge of the United States Court of Appeals for the Seventh Circuit. Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers. For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating "canons of constructions" (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Introduction to Social Work
Author: Lisa E. Cox
Publisher: SAGE Publications
ISBN: 1483381897
Category : Social Science
Languages : en
Pages : 481
Book Description
Introduction to Social Work by Lisa E. Cox, Carolyn J. Tice, and Dennis D. Long is an exciting and timely new text that takes readers to the roots of the social work profession, framing its history, practice settings, and career paths through the lens of advocacy. Closely aligned with the latest Educational Policy and Accreditation Standards (EPAS), the text goes beyond standard coverage to explore such cutting-edge content as military social work, environmental issues, global/international social work, housing, and more. Robust, applied pedagogy and an emphasis on advocacy and reflective practice help underscore the transformative opportunities and contributions of social work on clinical, client, community, national, and international levels.
Publisher: SAGE Publications
ISBN: 1483381897
Category : Social Science
Languages : en
Pages : 481
Book Description
Introduction to Social Work by Lisa E. Cox, Carolyn J. Tice, and Dennis D. Long is an exciting and timely new text that takes readers to the roots of the social work profession, framing its history, practice settings, and career paths through the lens of advocacy. Closely aligned with the latest Educational Policy and Accreditation Standards (EPAS), the text goes beyond standard coverage to explore such cutting-edge content as military social work, environmental issues, global/international social work, housing, and more. Robust, applied pedagogy and an emphasis on advocacy and reflective practice help underscore the transformative opportunities and contributions of social work on clinical, client, community, national, and international levels.
Antitrust Law
Author: Keith N. Hylton
Publisher: Cambridge University Press
ISBN: 9780521793780
Category : Law
Languages : en
Pages : 436
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.
Publisher: Cambridge University Press
ISBN: 9780521793780
Category : Law
Languages : en
Pages : 436
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.
From Environmental to Ecological Law
Author: Kirsten Anker
Publisher: Routledge
ISBN: 1000328627
Category : Law
Languages : en
Pages : 311
Book Description
This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.
Publisher: Routledge
ISBN: 1000328627
Category : Law
Languages : en
Pages : 311
Book Description
This book increases the visibility, clarity and understanding of ecological law. Ecological law is emerging as a field of law founded on systems thinking and the need to integrate ecological limits, such as planetary boundaries, into law. Presenting new thinking in the field, this book focuses on problem areas of contemporary law including environmental law, property law, trusts, legal theory and First Nations law and explains how ecological law provides solutions. Written by ecological law experts, it does this by 1) providing an overview of shortcomings of environmental law and other areas of contemporary law, 2) presenting specific examples of these shortcomings, 3) explaining what ecological law is and how it provides solutions to the shortcomings of contemporary law, and 4) showing how society can overcome some key challenges in the transition to ecological law. Drawing on a diverse range of case study examples including Indigenous law, ecological restoration and mining, this volume will be of great interest to students, scholars and policymakers of environmental and ecological law and governance, political science, environmental ethics and ecological and degrowth economics.
Choice of Law
Author: Dean Symeon C. Symeonides
Publisher: Oxford University Press
ISBN: 0190496746
Category : Law
Languages : en
Pages : 841
Book Description
Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Publisher: Oxford University Press
ISBN: 0190496746
Category : Law
Languages : en
Pages : 841
Book Description
Choice of Law provides an in-depth sophisticated coverage of the choice-of-law part Conflicts Law (or Private International Law) in torts, products liability, contracts, forum-selection and arbitration clauses, insurance, statutes of limitation, domestic relations, property, marital property, and successions. It also covers the constitutional framework and conflicts between federal law and foreign law. The book explains the doctrinal and methodological foundations of choice of law and then focuses on its actual practice, examining not only what courts say but also what they do. It identifies the emerging decisional patterns and extracts predictions about likely outcomes.
Antitrust Law and Economics
Author: Keith N. Hylton
Publisher: Edward Elgar Publishing
ISBN: 1849805288
Category : Law
Languages : en
Pages : 311
Book Description
In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy. Mark Grady, UCLA School of Law, US Hylton s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book. Herbert Hovenkamp, University of Iowa College of Law, US This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices. This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.
Publisher: Edward Elgar Publishing
ISBN: 1849805288
Category : Law
Languages : en
Pages : 311
Book Description
In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy. Mark Grady, UCLA School of Law, US Hylton s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book. Herbert Hovenkamp, University of Iowa College of Law, US This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices. This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.
Exploring Management
Author: John R. Schermerhorn, Jr.
Publisher: John Wiley & Sons
ISBN: 1119704189
Category : Business & Economics
Languages : en
Pages : 498
Book Description
Exploring Management, 7th Edition supports teaching and learning of core management concepts by presenting material in a straightforward, conversational style with a strong emphasis on application. With a focus on currency, high-interest examples and pedagogy that encourages critical thinking and personal reflection, Exploring Management, 7th Edition is the perfect balance between what students need and what instructors want. Organized by study objectives and broken up into more manageable sections of material, the Seventh Edition supports better student comprehension and mastery of concepts. And features like skill builders, active learning activities, and team projects give students frequent opportunities to apply management concepts. Class activities provide opportunities for discussion and debate. Students can build solid management skills with self-assessments, class exercises, and team projects.
Publisher: John Wiley & Sons
ISBN: 1119704189
Category : Business & Economics
Languages : en
Pages : 498
Book Description
Exploring Management, 7th Edition supports teaching and learning of core management concepts by presenting material in a straightforward, conversational style with a strong emphasis on application. With a focus on currency, high-interest examples and pedagogy that encourages critical thinking and personal reflection, Exploring Management, 7th Edition is the perfect balance between what students need and what instructors want. Organized by study objectives and broken up into more manageable sections of material, the Seventh Edition supports better student comprehension and mastery of concepts. And features like skill builders, active learning activities, and team projects give students frequent opportunities to apply management concepts. Class activities provide opportunities for discussion and debate. Students can build solid management skills with self-assessments, class exercises, and team projects.