Stanford Law Review: Volume 63, Issue 4 - April 2011 PDF Download
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Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610270681
Category : Law
Languages : en
Pages : 500
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Book Description
This issue of the Stanford Law Review contains studies of law, history, and social policy by recognized scholars on such diverse topics as fixing unfair contracts (by Omri Ben-Shahar), using DNA forensics to identify family members in criminal cases and other legal matters (by Natalie Ram), and the ethics of lawyers holding onto real evidence such as guns,tapes, and drugs (by Stephen Gillers). In addition, extensive student work explores the history of religious freedom and the First Amendment, as well as the use of amicus curiae briefs in the Supreme Court after an opinion below is abandoned by a party. The Stanford Law Review was organized in 1948. Each year the Law Review publishes one volume, which appears in six separate issues between December and July. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. The current volume is 63, for the academic year 2010-2011, and the present compilation, in ebook form, represents Issue 4 for April 2011. In the ebook editions, all footnotes, graphs, and Tables of Contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.
Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610270681
Category : Law
Languages : en
Pages : 500
Get Book Here
Book Description
This issue of the Stanford Law Review contains studies of law, history, and social policy by recognized scholars on such diverse topics as fixing unfair contracts (by Omri Ben-Shahar), using DNA forensics to identify family members in criminal cases and other legal matters (by Natalie Ram), and the ethics of lawyers holding onto real evidence such as guns,tapes, and drugs (by Stephen Gillers). In addition, extensive student work explores the history of religious freedom and the First Amendment, as well as the use of amicus curiae briefs in the Supreme Court after an opinion below is abandoned by a party. The Stanford Law Review was organized in 1948. Each year the Law Review publishes one volume, which appears in six separate issues between December and July. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. The current volume is 63, for the academic year 2010-2011, and the present compilation, in ebook form, represents Issue 4 for April 2011. In the ebook editions, all footnotes, graphs, and Tables of Contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.
Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610270495
Category : Law
Languages : en
Pages : 306
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Book Description
One of the most-read law journals adds a true ebook edition to its worldwide distribution, becoming the first general interest law review to do so. This current issue of the Stanford Law Review contains studies of law, economics, and social policy by such recognized scholars as Kenneth Bamberger, Deirdre Mulligan, Judge Richard Posner, Albert Yoon, Cynthia Estland, and Norman Spaulding. Volume 63, Issue 2's contents are: "Privacy on the Books and on the Ground," by Kenneth A. Bamberger & Deirdre K. Mulligan "What Judges Think of the Quality of Legal Representation," by Richard A. Posner & Albert H. Yoon "Just the Facts: The Case for Workplace Transparency," by Cynthia Estlund Essay, "Independence and Experimentalism in the Department of Justice," by Norman W. Spaulding Note, "The 'Benefit' of Spying: Defining the Boundaries of Economic Espionage under the Economic Espionage Act of 1996" In the new ebook edition, the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.
Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610279492
Category : Law
Languages : en
Pages : 593
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Book Description
A leading law journal features a digital edition as part of its worldwide distribution, using quality ebook formatting and active links. This issue of the Stanford Law Review, Volume 64, Issue 4 - April 2012, contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for this issue include: -- The Tragedy of the Carrots: Economics and Politics in the Choice of Price Instruments, by Brian Galle -- “They Saw a Protest”: Cognitive Illiberalism and the Speech-Conduct Distinction, by Dan M. Kahan, David A. Hoffman, Donald Braman, Danieli Evans & Jeffrey J. Rachlinski -- Constitutional Design in the Ancient World, by Adriaan Lanni & Adrian Vermeule -- The Copyright-Innovation Tradeoff: Property Rules, Liability Rules, and Intentional Infliction of Harm, by Dotan Oliar -- Note, Testing Three Commonsense Intuitions About Judicial Conduct Commissions -- Note, Derivatives Clearinghouses and Systemic Risk: A Bankruptcy and Dodd-Frank Analysis In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted.
Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610279700
Category : Law
Languages : en
Pages : 433
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Book Description
Stanford Law Review's fifth issue of 2011 features scholarly article by scholars and Stanford students. This issue's contents are: ARTICLES "The Objects of the Constitution," Nicholas Quinn Rosenkranz "The Lost Origins of American Fair Employment Law: Regulatory Choice and the Making of Modern Civil Rights, 1943-1972," David Freeman Engstrom NOTES "Measuring the Effects of Specialization with Circuit Split Resolutions" "The Substance of Punishment Under the Bill of Attainder Clause" "Plenary No Longer: How the Fourteenth Amendment 'Amended' Congressional Jurisdiction-Stripping Power"
Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610270592
Category : Law
Languages : en
Pages : 388
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Book Description
This March 2011 issue of the Stanford Law Review contains studies of law, economics, and social policy by recognized scholars on such diverse topics as "preglimony," derivatives markets in a fiscal crisis, corporate reform in Brazil, land use and zoning under contract theory, and a student Note on college endowments at elite schools during a time of economic downturn. Contents for the March 2011 issue are: "Regulatory Dualism as a Development Strategy: Corporate Reform in Brazil, the U.S., and the E.U.," by Ronald J. Gilson, Henry Hansmann and Mariana Pargendler "The Derivatives Market's Payment Priorities as Financial Crisis Accelerator," by Mark J. Roe "The Contract Transformation in Land Use Regulation," by Daniel P. Selmi "Preglimony," by Shari Motro Note, "Scarcity Amidst Wealth: The Law, Finance, and Culture of Elite University Endowments in Financial Crisis" In the ebook editions, the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained; URLs in notes are active; and the issue is properly formatted.
Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610279581
Category : Law
Languages : en
Pages : 499
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Book Description
The Jan. 2012 issue of the Stanford Law Review (the first of vol. 64) contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for this issue: The Right Not to Keep or Bear Arms Joseph Blocher The Ghost That Slayed the Mandate Kevin C. Walsh State Sovereign Standing: Often Overlooked, but Not Forgotten Kenneth T. Cuccinelli, II, E. Duncan Getchell, Jr., & Wesley G. Russell, Jr. Establishing Official Islam? The Law and Strategy of Counter-Radicalization Samuel J. Rascoff Lobbying, Rent-Seeking, and the Constitution Richard L. Hasen Note: Bringing a Judicial Takings Claim Josh Patashnik In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted.
Author: Stanford Law Review
Publisher: Quid Pro Books
ISBN: 1610279344
Category : Law
Languages : en
Pages : 250
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Book Description
A leading law journal features a digital edition as part of its worldwide distribution, using quality ebook formatting. The May 2012 issue of the Stanford Law Review contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for this issue include: "The City and the Private Right of Action," by Paul A. Diller "Securities Class Actions Against Foreign Issuers," by Merritt B. Fox "How Much Should Judges Be Paid? An Empirical Study on the Effect of Judicial Pay on the State Bench," by James M. Anderson & Eric Helland Note: "How Congress Could Reduce Job Discrimination by Promoting Anonymous Hiring," by David Hausman In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted for ereaders and apps.
Author: Benjamin H. Barton
Publisher: Encounter Books
ISBN: 1594039348
Category : Law
Languages : en
Pages : 198
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Book Description
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Author: Hielke Hijmans
Publisher: Springer
ISBN: 3319340905
Category : Law
Languages : en
Pages : 631
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Book Description
This book examines the role of the EU in ensuring privacy and data protection on the internet. It describes and demonstrates the importance of privacy and data protection for our democracies and how the enjoyment of these rights is challenged by, particularly, big data and mass surveillance. The book takes the perspective of the EU mandate under Article 16 TFEU. It analyses the contributions of the specific actors and roles within the EU framework: the judiciary, the EU legislator, the independent supervisory authorities, the cooperation mechanisms of these authorities, as well as the EU as actor in the external domain. Article 16 TFEU enables the Court of the Justice of the EU to play its role as constitutional court and to set high standards for fundamental rights protection. It obliges the European Parliament and the Council to lay down legislation that encompasses all processing of personal data. It confirms control by independent supervisory authorities as an essential element of data protection and it gives the EU a strong mandate to act in the global arena. The analysis shows that EU powers can be successfully used in a legitimate and effective manner and that this subject could be a success story for the EU, in times of widespread euroskepsis. It demonstrates that the Member States remain important players in ensuring privacy and data protection. In order to be a success story, the key stakeholders should be prepared to go the extra mile, so it is argued in the book. The book is based on academic research for which the author received a double doctorate at the University of Amsterdam and the Vrije Universiteit Brussels. It builds on a long inside experience within the European institutions, as well as within the community of data protection and data protection authorities. It is a must read in a time where the setting of EU privacy and data protection is changing dramatically, not only as a result of the rapidly evolving information society, but also because of important legal developments such as the entry into force of the General Data Protection Regulation. This book will appeal to all those who are in some way involved in making this regulation work. It will also appeal to people interested in the institutional framework of the European Union and in the role of the Union of promoting fundamental rights, also in the wider world.
Author: Inge Graef
Publisher: Kluwer Law International B.V.
ISBN: 9041183256
Category : Law
Languages : en
Pages : 342
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Book Description
All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.
