The Legal Analyst

The Legal Analyst PDF Author: Ward Farnsworth
Publisher: University of Chicago Press
ISBN: 0226238369
Category : Law
Languages : en
Pages : 714

Book Description
There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples. The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

Thinking Like a Lawyer

Thinking Like a Lawyer PDF Author: Frederick F. Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Category : Law
Languages : en
Pages : 256

Book Description
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

Shareholder Primacy and Global Business

Shareholder Primacy and Global Business PDF Author: Lela Mélon
Publisher: Routledge
ISBN: 042959013X
Category : Law
Languages : en
Pages : 213

Book Description
In the context of growing public interest in sustainability, Corporate Social Responsibility (CSR) has not brought about the expected improvement in terms of sustainable business. Self-regulation has been unable to provide appropriate answers for unsustainable business frameworks, despite empirical proof that sustainable behaviour is entirely in corporate enlightened self-interest. The lack of success of the soft law approach suggests that hard law regulation may be needed after all. This book discusses these options, alongside the issue of shareholder primacy and its externalities in corporate, social, and natural environment. To escape the "prisoner’s dilemma" European corporations and their global counterparts have found themselves in, help is needed in the form of EU hard law to advocate sustainability through mandatory rules. This book argues that the necessity of these laws is based on the first-mover’s advantage of such corporate law approach towards sustainable development. In the current EU law environment, where codification of corporate law is sought for, forming and defining a general EU policy could not only help corporations embrace this self-enlightened behaviour but could also build the necessary "EU corporate citizenship" atmosphere. Considering the developments in the field of CSR as attempts to mitigate negative externalities resulting from inappropriate shareholder primacy use, the book is centred around a discussion of the shareholder primacy paradigm, its legal position and its (un)suitability for modern global business. Going beyond solely legal analysis, juxtaposing legal principles and argumentation with economic theoretic approaches and, more importantly, real-life examples, this book is accessible to both professionals and academics working within the fields of business, economics, corporate governance and corporate law.

Our Word Is Our Bond

Our Word Is Our Bond PDF Author: Marianne Constable
Publisher: Stanford University Press
ISBN: 0804791686
Category : Law
Languages : en
Pages : 233

Book Description
Words can be misspoken, misheard, misunderstood, or misappropriated; they can be inappropriate, inaccurate, dangerous, or wrong. When speech goes wrong, law often steps in as itself a speech act or series of speech acts. Our Word Is Our Bond offers a nuanced approach to language and its interaction and relations with modern law. Marianne Constable argues that, as language, modern law makes claims and hears claims of justice and injustice, which can admittedly go wrong. Constable proposes an alternative to understanding law as a system of rules, or as fundamentally a policy-making and problem-solving tool. Constable introduces and develops insights from Austin, Cavell, Reinach, Nietzsche, Derrida and Heidegger to show how claims of law are performative and passionate utterances or social acts that appeal implicitly to justice. Our Word Is Our Bond explains that neither law nor justice are what lawyers and judges say, nor what officials and scholars claim they are. However inadequate our law and language may be to the world, Constable argues that we know our world and name our ways of living and being in it through law and language. Justice today, however impossible to define and difficult to determine, depends on relations we have with one another through language and on the ways in which legal speech—the claims and responses that we make to one another in the name of the law—acts.

Constitutions and Religious Freedom

Constitutions and Religious Freedom PDF Author: Frank B. Cross
Publisher: Cambridge University Press
ISBN: 1107041449
Category : Law
Languages : en
Pages : 271

Book Description
This book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, the author finds that constitutions provide national religious protection, especially when the legal system is more sophisticated.

The Antitrust Paradigm

The Antitrust Paradigm PDF Author: Jonathan B. Baker
Publisher: Harvard University Press
ISBN: 0674238958
Category : Law
Languages : en
Pages : 369

Book Description
A new and urgently needed guide to making the American economy more competitive at a time when tech giants have amassed vast market power. The U.S. economy is growing less competitive. Large businesses increasingly profit by taking advantage of their customers and suppliers. These firms can also use sophisticated pricing algorithms and customer data to secure substantial and persistent advantages over smaller players. In our new Gilded Age, the likes of Google and Amazon fill the roles of Standard Oil and U.S. Steel. Jonathan Baker shows how business practices harming competition manage to go unchecked. The law has fallen behind technology, but that is not the only problem. Inspired by Robert Bork, Richard Posner, and the “Chicago school,” the Supreme Court has, since the Reagan years, steadily eroded the protections of antitrust. The Antitrust Paradigm demonstrates that Chicago-style reforms intended to unleash competitive enterprise have instead inflated market power, harming the welfare of workers and consumers, squelching innovation, and reducing overall economic growth. Baker identifies the errors in economic arguments for staying the course and advocates for a middle path between laissez-faire and forced deconcentration: the revival of pro-competitive economic regulation, of which antitrust has long been the backbone. Drawing on the latest in empirical and theoretical economics to defend the benefits of antitrust, Baker shows how enforcement and jurisprudence can be updated for the high-tech economy. His prescription is straightforward. The sooner courts and the antitrust enforcement agencies stop listening to the Chicago school and start paying attention to modern economics, the sooner Americans will reap the benefits of competition.

Debating Reform

Debating Reform PDF Author: Richard J. Ellis
Publisher: CQ Press
ISBN: 1544390602
Category : Political Science
Languages : en
Pages : 280

Book Description
Getting students away from spouting opinions about highly-charged partisan issues, Debating Reform, Fourth Edition looks at key questions about reforming political institutions, with contributed pieces written by top scholars specifically for the volume. Each pro or con essay considers a concrete proposal for reforming the political system. By focusing on institutions, rather than liberal or conservative public policies, students tend to leave behind ideology and grapple with claims and evidence to draw their own conclusions and build their own arguments. Students will explore how institutions work in their American government text, but this reader helps them to understand how they can be made to work better.

Supermajority Voting in Constitutional Courts

Supermajority Voting in Constitutional Courts PDF Author: Cristóbal Caviedes
Publisher: Taylor & Francis
ISBN: 1040108458
Category : Law
Languages : en
Pages : 233

Book Description
This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it is questionable whether a bare majority of judges should suffice for settling them, especially considering these courts’ counter-majoritarian nature. Further, the wide use of majority rule for checking the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of Supreme Court decisions. This book argues that majority rule is unjustified in constitutional review. This means that, in constitutional review, considering majority rule’s traits, there are no decisive reasons for using this voting rule over other voting rules. Additionally, the book argues that, when checking the constitutionality of legislation, constitutional courts should replace majority rule with supermajority rules. Thus, for declaring statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be needed. This book will be of interest to academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.

The SAGE Encyclopedia of Food Issues

The SAGE Encyclopedia of Food Issues PDF Author: Ken Albala
Publisher: SAGE
ISBN: 1452243018
Category : Food
Languages : en
Pages : 1635

Book Description
The SAGE Encyclopedia of Food Issues explores the topic of food across multiple disciplines within the social sciences and related areas including business, consumerism, marketing, and environmentalism. In contrast to the existing reference works on the topic of food that tend to fall into the categories of cultural perspectives, this carefully balanced academic encyclopedia focuses on social and policy aspects of food production, safety, regulation, labeling, marketing, distribution, and consumption. A sampling of general topic areas covered includes Agriculture, Labor, Food Processing, Marketing and Advertising, Trade and Distribution, Retail and Shopping, Consumption, Food Ideologies, Food in Popular Media, Food Safety, Environment, Health, Government Policy, and Hunger and Poverty. This encyclopedia introduces students to the fascinating, and at times contentious, and ever-so-vital field involving food issues.
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