Law's Order

What Economics Has to Do with Law and Why It Matters
Author: David D. Friedman
Publisher: Princeton University Press
ISBN: 0691090092
Category: Law
Page: 329
View: 6050

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Publisher Fact Sheet Examines the relationship between economics & the law.

Economic Analysis of Law


Author: Richard A. Posner
Publisher: Wolters Kluwer Law & Business
ISBN: 1454845538
Category: Law
Page: 1056
View: 4233

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Lucid, comprehensive, and definitive in its field, this text covers every aspect of economic analysis of the law. Features: Two new chapters, one on intellectual property, one on international and comparative law, both exploding fields of great importance. Earlier editions' questions have been converted to answers, making the book more accessible and informative. Revised to be clearer and less technical. More eclectic, reflecting recent criticisms of "rational choice" theory, in particular the need to supplement it with insights from psychology. Greater attention paid to judicial behavior, realistically modeled and explained in economic terms. Incorporates insights from the veritable explosion of books and articles published in the last few years on economic analysis of law.

Order without Law

How Neighbors Settle Disputes
Author: Robert C. ELLICKSON,Robert C Ellickson
Publisher: Harvard University Press
ISBN: 0674036433
Category: Law
Page: 316
View: 5150

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Maritime Piracy and Its Control: An Economic Analysis


Author: C. Hallwood,T. Miceli
Publisher: Springer
ISBN: 1137461500
Category: Political Science
Page: 135
View: 3621

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Maritime Piracy and its Control develops an economic approach to the problem of modern-day maritime piracy with the goal of assessing the effectiveness of remedies aimed at reducing the incidence of piracy.

The Law


Author: Frederic Bastiat
Publisher: Cosimo, Inc.
ISBN: 1596059648
Category: Business & Economics
Page: 68
View: 7002

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French political libertarian and economist CLAUDE FRDRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law. Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: . what is law? . why socialism constitutes legal plunder . the proper function of the law . the law and morality . "the vicious circle of socialism" . the basis for stable government . and more.

Law and Social Norms


Author: Eric A. Posner
Publisher: Harvard University Press
ISBN: 9780674042308
Category: Business & Economics
Page: 272
View: 5477

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What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.

A Matter of Interpretation: Federal Courts and the Law

Federal Courts and the Law
Author: Antonin Scalia
Publisher: Princeton University Press
ISBN: 1400882958
Category: Law
Page: 200
View: 2663

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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Law, Legislation and Liberty

A new statement of the liberal principles of justice and political economy
Author: F. A. Hayek
Publisher: Routledge
ISBN: 1136246428
Category: Business & Economics
Page: 584
View: 840

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With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' – Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political philosophy and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek’s influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the ‘Big Society’. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future.

The River Pollution Dilemma in Victorian England

Nuisance Law versus Economic Efficiency
Author: Dr Leslie Rosenthal
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472404203
Category: History
Page: 274
View: 6647

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Nineteenth-century Britain witnessed a dramatic increase in its town population, as a hitherto largely rural economy transformed itself into an urban one. Though the political and social issues arising from these events are well-known, little is known about how the British legal process coped with the everyday strains that emerged from the unprecedented scale of these changes. This book explores the river pollution dilemma faced by the British courts during the second half of the nineteenth century when the legal process had to confront the new incompatible realities arising from the increasing amounts of untreatable waste flowing into the rivers. This dilemma struck at the heart of both Victorian urban and rural society, as the necessary sanitary reformation of the swelling cities and expanding industry increasingly poisoned the rivers, threatening the countryside and agricultural rents and livelihoods. Focusing on ten legal disputes, the book investigates the dilemma that faced the courts; namely how to protect the traditional and valued rights of landholders whose rivers and lands were being polluted by industrial waste and untreated sewage, whilst not hindering the progress of sanitary reform and economic progress in the towns. The case studies considered involve major industrialising centres, such as Birmingham, Leeds, Northampton, Wolverhampton and Barnsley, but also include smaller towns such as Tunbridge Wells, Leamington Spa and Harrogate. The fundamental issues raised remain as important today as they did in Victorian times. The need for the courts to balance a variety of conflicting needs and rights within the limits of contemporary technological capabilities often played out in surprising ways, with outcomes not always in line with theoretical expectations. As such the historical context of the disputes provide fascinating insights into nineteenth-century legal process, and the environmental and social attitudes of the times.

Hidden Order

The Economics of Everyday Life
Author: David D. Friedman
Publisher: Harperbusiness
ISBN: N.A
Category: Fiction
Page: 340
View: 4153

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An economist and author of Price Theory explains how the fundamental principles of economics can be used to understand marriage, children, crime, war, and other important aspects of modern life. 20,000 first printing.

Model Rules of Professional Conduct


Author: American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher: American Bar Association
ISBN: 9781604421071
Category: Law
Page: 188
View: 9110

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The 2008 Edition of the Model Rules of Professional Conduct is an up-to-date resource for information on lawyer ethics. The Rules, with some variations, have been adopted in 48 jurisdictions. Federal, state, and local courts in all jurisdictions, even those that have not formally adopted the Rules, look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more.

Why Growth Matters

How Economic Growth in India Reduced Poverty and the Lessons for Other Developing Countries
Author: Jagdish Bhagwati,Arvind Panagariya
Publisher: PublicAffairs
ISBN: 1610392728
Category: History
Page: 304
View: 413

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In its history since Independence, India has seen widely different economic experiments: from Jawharlal Nehru's pragmatism to the rigid state socialism of Indira Gandhi to the brisk liberalization of the 1990s. So which strategy best addresses India's, and by extension the world's, greatest moral challenge: lifting a great number of extremely poor people out of poverty? Bhagwati and Panagariya argue forcefully that only one strategy will help the poor to any significant effect: economic growth, led by markets overseen and encouraged by liberal state policies. Their radical message has huge consequences for economists, development NGOs and anti-poverty campaigners worldwide. There are vital lessons here not only for Southeast Asia, but for Africa, Eastern Europe, and anyone who cares that the effort to eradicate poverty is more than just good intentions. If you want it to work, you need growth. With all that implies.

The Report: Peru 2014


Author: Oxford Business Group
Publisher: Oxford Business Group
ISBN: 1907065946
Category:
Page: 244
View: 2103

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Over the past decade Peru has seen a period of transformative growth, effectively positioning it as one of the leading economic performers in Latin America. Posting growth rates in excess of 6% from 2010-12, the economy expanded by a further 5.1% in the first half of 2013. A major metals and minerals exporter with a burgeoning agricultural sector, Peru’s rapid economic growth has been the result of elevated global demand for commodities and key exports, as well as prudent fiscal planning and the expansion of non-primary sectors. With an investor-friendly legal framework, Peru has become a prime destination for foreign direct investment and was recently ranked the second-best country for doing business in Latin America by the World Bank. Despite ongoing social conflict related to extractive industries and a sizeable infrastructure gap, Peru’s stable macroeconomic environment and its efforts to diversify and guard against price volatility should ensure continued growth for this Andean economy.

Laws on Green Growth, and Economic Investment in Korea

Korea’s Low Carbon, Green Growth Policy and Law Laws Concerning Green Growth
Author: Ministry of Government Legislation of Republic of Korea
Publisher: 길잡이미디어
ISBN: N.A
Category:
Page: 1054
View: 5698

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In connection with the G20 Seoul Summit, MOLEG is publishing and distributing this English statute book. It includes a selection of major laws regarding low-carbon green growth, which is a national vision for the next 60 years to be pursued by the Lee Myung-Bak government; and also regarding foreign investment. This book has 23 laws. There are 11 major laws about green growth, such as the Framework Act on Low-Carbon, Green Growth, and 12 major laws about foreign investment,such as the Foreign Investment Promotion Act. It also contains the Constitution and the Government Organization Act to give foreigners an understanding of the basic principles,major functions and government organizations of the Republic of Korea. Furthermore,the book has introductory content on the legal system of the Republic of Korea and its process of establishing policy and legislation.

Her Body, Our Laws

On the Front Lines of the Abortion War, from El Salvador to Oklahoma
Author: Michelle Oberman
Publisher: Beacon Press
ISBN: 0807045527
Category: HEALTH & FITNESS
Page: 192
View: 9772

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Drawing on her years of research in El Salvador-- the only country to ban abortion without exception-- Oberman explores what happens when a country makes ending a pregnancy a crime. She reveals the practical experiences of criminalizing abortion, such as selective enforcement, mistaken diagnoses, wrongful convictions, and a thriving black market in abortion drugs. She then turns her attention to Oklahoma, one of the most pro-life states, and reveals how abortion-related laws become incentives or penalties, nudging pregnant women in one direction or another. -- adapted from publisher info

Fire and Fury

Inside the Trump White House
Author: Michael Wolff
Publisher: Henry Holt and Company
ISBN: 1250158079
Category: Political Science
Page: 336
View: 9558

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#1 New York Times Bestseller With extraordinary access to the West Wing, Michael Wolff reveals what happened behind-the-scenes in the first nine months of the most controversial presidency of our time in Fire and Fury: Inside the Trump White House. Since Donald Trump was sworn in as the 45th President of the United States, the country—and the world—has witnessed a stormy, outrageous, and absolutely mesmerizing presidential term that reflects the volatility and fierceness of the man elected Commander-in-Chief. This riveting and explosive account of Trump’s administration provides a wealth of new details about the chaos in the Oval Office, including: -- What President Trump’s staff really thinks of him -- What inspired Trump to claim he was wire-tapped by President Obama -- Why FBI director James Comey was really fired -- Why chief strategist Steve Bannon and Trump’s son-in-law Jared Kushner couldn’t be in the same room -- Who is really directing the Trump administration’s strategy in the wake of Bannon’s firing -- What the secret to communicating with Trump is -- What the Trump administration has in common with the movie The Producers Never before in history has a presidency so divided the American people. Brilliantly reported and astoundingly fresh, Fire and Fury shows us how and why Donald Trump has become the king of discord and disunion. “Essential reading.”—Michael D’Antonio, author of Never Enough: Donald Trump and the Pursuit of Success, CNN.com “Not since Harry Potter has a new book caught fire in this way...[Fire and Fury] is indeed a significant achievement, which deserves much of the attention it has received.”—The Economist

Venture Deals

Be Smarter Than Your Lawyer and Venture Capitalist
Author: Brad Feld,Jason Mendelson
Publisher: John Wiley & Sons
ISBN: 1119259800
Category: Business & Economics
Page: 304
View: 8818

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Get the inside scoop on what venture capitalists want to see in your startup as you hit the fundraising trail. This is the highly anticipated third edition of the best-selling book which has become the definitive resource for understanding venture capital fundraising. Whether you are an entrepreneur, lawyer, student or just have an interest in the venture capital ecosystem, Venture Deals is for you. The book dives deeply into how deals are constructed, why certain terms matter (and others don’t), and more importantly, what motivates venture capitalists to propose certain outcomes. You’ll see the process of negotiating from the eyes of two seasoned venture capitalists who have over 40 years of investing experience as VCs, LPs, angels, and founders. They will teach you how to develop a fundraising strategy that will be a win for all parties involved. This book is designed to bring transparency to the venture capital funding process and includes such topics as: How to raise money; What terms matter and which ones don’t; How to negotiate a fair deal for everyone; What makes venture capitalists tick, including how they are compensated and motivated; How companies are valued by venture capitalists; How all current structures of funding work, including convertible debt, crowdfunding, pre-sales and other non-traditional methods; How these particular issues change through different stages of financing (seed, early, mid and late); and How to avoid business and legal pitfalls that many entrepreneurs make. And as in the previous editions, this book isn’t just a one-sided opinion from venture capitalists, but also has helpful commentary throughout from a veteran CEO who has raised many rounds of financing from many different investors. If you are ready to learn all the secrets and ins and outs of fundraising, Venture Deals is an essential read.

The Public Order and the Sacred Order

Contemporary Issues, Catholic Social Thought, and the Western and American Traditions
Author: Stephen M. Krason
Publisher: Scarecrow Press
ISBN: 0810863979
Category: Religion
Page: 1144
View: 7979

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The Public Order and the Sacred Order evaluates a range of contemporary social and political questions in light of Catholic social teaching, philosophy, great political thinkers, and America's founding tradition. It treats a wide range of topics, including · economics · education · free speech · abortion · church-state relations · American legal trends · international politics Through discussions of these and other issues confronting contemporary American society, author Stephen M. Krason offers a scholarly social commentary, suggests means for a reconstruction of sound social and political thought, and calls for a renewal of American institutions, politics, and culture. The book is structured in three parts: Part I sets out foundational principles guided by Catholic social teaching, philosophical reasoning, Western political thought, and the American founding; Part II examines and evaluates the numerous issues in light of the principles set out in Part I; and Part III provides approaches to the issues-both general and specific policy ideas-consonant with the foundational principles set out in Part I. There is also a volume of important Catholic Church documents, Supreme Court cases, and excerpts of important writings in the history of Western and American political thought that let the reader examine directly many documents discussed in the text of the book. Along with being a strong and focused defense of traditional Catholic approaches to the questions of our time, the vast array of material covered makes this book an invaluable reference for anyone interested in contemporary politics.

Competition Law and Consumer Protection


Author: Katalin Judit Cseres
Publisher: Kluwer Law International B.V.
ISBN: 9041123806
Category: Law
Page: 450
View: 9530

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The assumption that competition law and consumer protection are mutually reinforcing is rarely challenged. The theory seems uncontroversial. However, because a positive interaction between the two is presumed to be self-evident, the frequent conflicts that do in fact arise are often dealt with on an ad hoc basis, with no overarching legal authority. There is a clear need for a detailed and coherent understanding of exactly where the complements and tensions between the two policy areas exist. Dr Cseres in-depth analysis provides that understanding. Proceeding from the dual perspective of law and economics that is, of justice, fairness, and reasonableness on the one hand, and of efficiency of the other she fully considers such underlying issues as the following: the role of competition law and consumer law in a free market economy;the notion of consumer welfare;the effect of the modernisation of EC competition law for consumers;economics theories of information, bounded rationality, and transaction costs;the special significance of vertical agreements and merger control; and,how consumers are affected by information asymmetries. The ultimate focus of the book is on current and emerging EC law, in which a rapprochement between the two areas seems to be under way. Dr. Cseres provides a knowledgeable guide to the various strands of theory, policy, and jurisprudence that (she shows) ought to be taken into account in the process, including schools of thought and law and policy experience in both Europe and the United States. A special chapter on Hungary, where post-1989 law and practice reveal a fresh and distinctly forward-looking understanding of the matter, is one of the book's most extraordinary features. Competition Law and Consumer Protection stands alone as a committed contribution to bridging a gap in legal knowledge the significance of which grows daily. It will be of immeasurable value to a wide range of professionals from academics and researchers to officials, policymakers, and practitioners in competition law, consumer protection advocacy, economic theory and planning, business administration, and various pertinent government authorities.