Author: University of Chicago Law Review
Publisher: Quid Pro Books
ISBN: 1610278585
Category : Law
Languages : en
Pages : 580
Book Description
The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.
University of Chicago Law Review: Volume 81, Number 4 - Fall 2014
Author: University of Chicago Law Review
Publisher: Quid Pro Books
ISBN: 1610278585
Category : Law
Languages : en
Pages : 580
Book Description
The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.
Publisher: Quid Pro Books
ISBN: 1610278585
Category : Law
Languages : en
Pages : 580
Book Description
The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.
University of Chicago Law Review: Volume 81, Number 3 - Summer 2014
Author: University of Chicago Law Review
Publisher: Quid Pro Books
ISBN: 161027850X
Category : Law
Languages : en
Pages : 545
Book Description
The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.
Publisher: Quid Pro Books
ISBN: 161027850X
Category : Law
Languages : en
Pages : 545
Book Description
The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.
Patents
Author: Marc Baudry
Publisher: John Wiley & Sons
ISBN: 1119473853
Category : Business & Economics
Languages : en
Pages : 280
Book Description
The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.
Publisher: John Wiley & Sons
ISBN: 1119473853
Category : Business & Economics
Languages : en
Pages : 280
Book Description
The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.
The Routledge International Handbook of Criminal Responsibility
Author: Thomas Crofts
Publisher: Taylor & Francis
ISBN: 1040229093
Category : Law
Languages : en
Pages : 530
Book Description
Presenting cutting-edge research and scholarship, this extensive volume covers everything from abstract theorising about the meanings of responsibility and how we blame, to analysing criminal law and justice responses, and factors that impact individual responsibility. Inviting exchanges across a burgeoning critical scholarship on criminal responsibility, this Handbook showcases the diverse range of methodologies applied to the field, including socio-political approaches, critical historical methods, criminological and sociological perspectives, and interdisciplinary studies bridging law and the mind sciences. Spanning global networks of established and emerging scholars of responsibility for crime, this book explores how we relate to one another as human beings under the spotlight of the criminal law. In doing so, it is hoped that the collection not only does justice to the vibrant landscape of criminal responsibility studies, but inspires new directions and future synergies in this compelling field. The Routledge International Handbook of Criminal Responsibility will appeal to scholars and students of criminal law, criminal justice, criminology, sociology, psychology, neuroscience, philosophy, and socio-legal studies, as well as practitioners and policymakers working in related fields.
Publisher: Taylor & Francis
ISBN: 1040229093
Category : Law
Languages : en
Pages : 530
Book Description
Presenting cutting-edge research and scholarship, this extensive volume covers everything from abstract theorising about the meanings of responsibility and how we blame, to analysing criminal law and justice responses, and factors that impact individual responsibility. Inviting exchanges across a burgeoning critical scholarship on criminal responsibility, this Handbook showcases the diverse range of methodologies applied to the field, including socio-political approaches, critical historical methods, criminological and sociological perspectives, and interdisciplinary studies bridging law and the mind sciences. Spanning global networks of established and emerging scholars of responsibility for crime, this book explores how we relate to one another as human beings under the spotlight of the criminal law. In doing so, it is hoped that the collection not only does justice to the vibrant landscape of criminal responsibility studies, but inspires new directions and future synergies in this compelling field. The Routledge International Handbook of Criminal Responsibility will appeal to scholars and students of criminal law, criminal justice, criminology, sociology, psychology, neuroscience, philosophy, and socio-legal studies, as well as practitioners and policymakers working in related fields.
Literature and Citizenship in the Age of Revolution
Author: Mitchell Gauvin
Publisher: Taylor & Francis
ISBN: 104012027X
Category : Literary Criticism
Languages : en
Pages : 241
Book Description
Citizenship is at the forefront of popular imagination as political movements and state governments around the world traffic in anti-immigrant rhetoric and call for increased policing of borders. Literature and Citizenship in the Age of Revolution: A Wish for Air and Liberty looks back to a critical historical juncture in the development of citizenship to uncover how literature contoured and contested imaginings of citizenship. While territory and the nation-state often frame our understanding of citizenship, this book focuses on how non-citizens, foreigners, and strangers have long been central to citizenship’s coherence. Rather than rootedness, literary texts exposed the circulations of persons, ideas, and affections at the heart of citizenship. This book brings together an unlikely combination of writers—Olaudah Equiano, Jane Austen, Mary Shelley, and Herman Melville—to show how literature in the Age of Revolution exposed contradictions in notions of liberty and slavery that impacted how citizenship was conceived and practiced.
Publisher: Taylor & Francis
ISBN: 104012027X
Category : Literary Criticism
Languages : en
Pages : 241
Book Description
Citizenship is at the forefront of popular imagination as political movements and state governments around the world traffic in anti-immigrant rhetoric and call for increased policing of borders. Literature and Citizenship in the Age of Revolution: A Wish for Air and Liberty looks back to a critical historical juncture in the development of citizenship to uncover how literature contoured and contested imaginings of citizenship. While territory and the nation-state often frame our understanding of citizenship, this book focuses on how non-citizens, foreigners, and strangers have long been central to citizenship’s coherence. Rather than rootedness, literary texts exposed the circulations of persons, ideas, and affections at the heart of citizenship. This book brings together an unlikely combination of writers—Olaudah Equiano, Jane Austen, Mary Shelley, and Herman Melville—to show how literature in the Age of Revolution exposed contradictions in notions of liberty and slavery that impacted how citizenship was conceived and practiced.
Prosecutorial Discretion in the International Criminal Court
Author: Farid Mohammed Rashid
Publisher: Routledge
ISBN: 1000482448
Category : Law
Languages : en
Pages : 155
Book Description
This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.
Publisher: Routledge
ISBN: 1000482448
Category : Law
Languages : en
Pages : 155
Book Description
This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.
Institutions and Accounting Practices after the Financial Crisis
Author: Victoria Krivogorsky
Publisher: Routledge
ISBN: 1315468638
Category : Business & Economics
Languages : en
Pages : 206
Book Description
Financial globalization paired with the relaxation of constraints on capital flows between countries before the 2008 crisis, increased merger activities among the World’s largest stock exchanges. The financial crisis of 2008 had a severe impact on the development of equity markets, corporate financial stability, and corporate governance, and a multi-step approach is needed to fully appreciate the causes and effects of this event. This book engages the separate strands of literature to advance a more holistic understanding of whether and how the national institutional environments in selected countries around the world has been changed after the crisis. Institutions and Accounting Practices after the Financial Crisis: International Perspective sets out a framework for the analysis of institutional environments and accounting practices in in selected countries around the world during the pre-crisis period, followed by an examination of the impact of the crisis. It scrutinizes the changing roles of debt and equity markets; the shift in accounting practices and capital financing choices due to the economic downturn; and the lessons that can be obtained from the financial crisis, while considering the institutional architecture of international business environments. This ongoing process of integration and globalization increases interdependence between world markets, and allows shocks to propagate across national and continental lines, making the understanding of international markets vitally important to American investors. Aimed at primarily researchers, academics and students in the fields of international accounting, management and finance, Institutions and Accounting Practices after the Financial Crisis: International Perspective will additionally be of value to practitioners and policy makers, supplying them with information regarding the changes in accounting practices and risk evaluation due to the crisis.
Publisher: Routledge
ISBN: 1315468638
Category : Business & Economics
Languages : en
Pages : 206
Book Description
Financial globalization paired with the relaxation of constraints on capital flows between countries before the 2008 crisis, increased merger activities among the World’s largest stock exchanges. The financial crisis of 2008 had a severe impact on the development of equity markets, corporate financial stability, and corporate governance, and a multi-step approach is needed to fully appreciate the causes and effects of this event. This book engages the separate strands of literature to advance a more holistic understanding of whether and how the national institutional environments in selected countries around the world has been changed after the crisis. Institutions and Accounting Practices after the Financial Crisis: International Perspective sets out a framework for the analysis of institutional environments and accounting practices in in selected countries around the world during the pre-crisis period, followed by an examination of the impact of the crisis. It scrutinizes the changing roles of debt and equity markets; the shift in accounting practices and capital financing choices due to the economic downturn; and the lessons that can be obtained from the financial crisis, while considering the institutional architecture of international business environments. This ongoing process of integration and globalization increases interdependence between world markets, and allows shocks to propagate across national and continental lines, making the understanding of international markets vitally important to American investors. Aimed at primarily researchers, academics and students in the fields of international accounting, management and finance, Institutions and Accounting Practices after the Financial Crisis: International Perspective will additionally be of value to practitioners and policy makers, supplying them with information regarding the changes in accounting practices and risk evaluation due to the crisis.
The Right to Equality in European Human Rights Law
Author: Charilaos Nikolaidis
Publisher: Routledge
ISBN: 1317701372
Category : Law
Languages : en
Pages : 278
Book Description
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Publisher: Routledge
ISBN: 1317701372
Category : Law
Languages : en
Pages : 278
Book Description
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Law and Economics of Vertical Integration and Control
Author: Roger D. Blair
Publisher: Academic Press
ISBN: 1483261093
Category : Business & Economics
Languages : en
Pages : 224
Book Description
Law and Economics of Vertical Integration and Control focuses on the processes, methodologies, and approaches involved in the law and economics of vertical integration and control. The publication first elaborates on transaction costs, fixed proportions and contractual alternatives, and variable proportions and contractual alternatives. Discussions focus on sales revenue royalties, ownership integration, output royalties, important product-specific services, successive monopoly, advantages and limitations of internal transfers, and transaction cost determinants. The text then examines vertical integration under uncertainty and vertical integration without contractual alternatives. The book ponders on legal treatment of ownership integration and per se illegal contractual controls. Topics include tying arrangements, public policy assessment, resale price maintenance, vertical integration and the Sherman Act, market foreclosure doctrine, and the 1982 Merger Guidelines. The text also takes a look at contractual controls that are not illegal per se, alternative legal rules, and antitrust policy. The publication is a dependable reference for researchers interested in the law and economics of vertical integration and control.
Publisher: Academic Press
ISBN: 1483261093
Category : Business & Economics
Languages : en
Pages : 224
Book Description
Law and Economics of Vertical Integration and Control focuses on the processes, methodologies, and approaches involved in the law and economics of vertical integration and control. The publication first elaborates on transaction costs, fixed proportions and contractual alternatives, and variable proportions and contractual alternatives. Discussions focus on sales revenue royalties, ownership integration, output royalties, important product-specific services, successive monopoly, advantages and limitations of internal transfers, and transaction cost determinants. The text then examines vertical integration under uncertainty and vertical integration without contractual alternatives. The book ponders on legal treatment of ownership integration and per se illegal contractual controls. Topics include tying arrangements, public policy assessment, resale price maintenance, vertical integration and the Sherman Act, market foreclosure doctrine, and the 1982 Merger Guidelines. The text also takes a look at contractual controls that are not illegal per se, alternative legal rules, and antitrust policy. The publication is a dependable reference for researchers interested in the law and economics of vertical integration and control.
The Normative Foundations of European Competition Law
Author: Oles Andriychuk
Publisher: Edward Elgar Publishing
ISBN: 1786436078
Category : Law
Languages : en
Pages : 441
Book Description
Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.
Publisher: Edward Elgar Publishing
ISBN: 1786436078
Category : Law
Languages : en
Pages : 441
Book Description
Does competitive process constitute an autonomous societal value or is it a means for achieving more meritorious goals: welfare, growth, integration, and innovation? The hypothesis of The Normative Foundations of European Competition Law is that the former is the case. This insightful book analyses the phenomenon of competition from philosophical, legal and economic perspectives demonstrating exactly why competitive process should not be viewed only as an instrument. It consolidates various normative theories of freedom, market and competition, and explains how exactly they can be operationalized effectively in the matrix of the EU competition policy.