When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
This volume presents a rigorous account of statistical forecasting efforts that led to the successful resolution of the Johns-Manville asbestos litigation. This case, taking 12 years to reach settlement, is expected to generate nearly 500,000 claims at a total nominal value of over $34 billion. The forecasting task, to project the number, timing, and nature of claims for asbestos-related injuries from a set of exposed persons of unknown size, is a general problem: the models in this volume can be adapted to forecast industry-wide asbestos liability. More generally, because the models are not overly dependent on the U.S. legal system and the role of asbestos as a dangerous/defective product, this volume will be of interest in other product liability cases, as well as similar forecasting situations for a range of insurable or compensable events. The volume stresses the iterative nature of model building and the uncertainty generated by lack of complete knowledge of the injury process. This uncertainty is balanc
Authored by a team of experienced scholars, Essential Lawyering Skills: Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis offers a readable and concise introduction to these indispensable legal skills. Using straightforward, concise, and practical explanations, the Third Edition takes a more concrete approach than competing texts and focuses on providing students with real-life examples and cases.
In this important new study, Trevor Dean examines the history of crime and criminal justice in Italy from the mid-thirteenth to the end of the fifteenth century. The book contains studies of the most frequent types of prosecuted crime such as violence, theft and insult, along with the rarely prosecuted sorcery and sex crimes. Drawing on a diverse and innovative range of sources, including legislation, legal opinions, prosecutions, chronicles and works of fiction, Dean demonstrates how knowledge of the history of criminal justice can illuminate our wider understanding of the Middle Ages. Issues and instruments of criminal justice reflected the structure and operation of state power; they were an essential element in the evolution of cities and they provided raw material for fictions. Furthermore, the study of judicial records provides insight into a wide range of social situations, from domestic violence to the oppression of ethnic minorities.
Oliver Wendell Holmes, Jr., is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the contemporary controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers, including John Austin, Thomas Hobbes, H. L. A. Hart, Ronald Dworkin, Antonin Scalia, and other leading legal theorists.
This is a short and succinct summary of the unique position ofRoman law in European culture by one of the world's leading legalhistorians. Peter Stein's masterly study assesses the impact ofRoman law in the ancient world, and its continued unifyinginfluence throughout medieval and modern Europe. Roman Law inEuropean History is unparalleled in lucidity and authority, andshould prove of enormous utility for teachers and students (at alllevels) of legal history, comparative law and European Studies.Award-winning on its appearance in German translation, this Englishrendition of a magisterial work of interpretive synthesis is aninvaluable contribution to the understanding of perhaps the mostimportant European legal tradition of all.
In recent years, regulation has emerged as one of the most distinct and important fields of study in the social sciences, both for policy-makers and for scholars who require a theoretical framework that can be applied to any social sector. This timely textbook provides a conceptual map of the field and an accessible and critical introduction to the subject. Morgan and Yeung set out a diverse and stimulating selection of materials and give them context with a comprehensive and critical commentary. By adopting an interdisciplinary approach and emphasising the role of law in its broader social and political context, it will be an invaluable tool for the student coming to regulation for the first time. This clearly structured, academically rigorous title, with a contextualised perspective, is essential reading for all students of the subject.
This guide offers applicants everything they need: *Advice from top admissions officers on writing persuasive personal statements, obtaining the best recommendations, preparing an application, and more *Expert guidance on choosing the best options for financing law school, including tips on financial aid, borrowing, and managing expenses. *Specialized information for every student
A favorite among law students and professors alike, the Examples & Explanations series is ideal for studying, reviewing and testing your understanding through application of hypothetical examples. Authored by leading professors with extensive classroom experience, Examples & Explanations titles offer hypothetical questions in the subject area, complemented by detailed explanations that allow you to test your knowledge of the topic, and compare your own analysis.
The Nuremburg trials remain, after nearly a half a century,the benchmark for judging international crimes. Using newsources--ground-breaking research in the papers of the Nuremburgprison psychiatrist and commandant, the letters and journals of theprisoners, and accounts of the judges and prosecutors as theystruggled through each day making compromises and steeling theirconvictions--Joseph Persico retells the story of Nuremburg,combining sweeping history with psychological insight. Here arebrilliant, chilling portraits of the Nazi warlords and rivetingde*ions of the tensions between law and vengeance, betweenEast and West, and of the friction already present in the earlystages of the Cold War.
This indispensable tool provides readers with complete coverage of the issues, methods, and art of valuing and pricing of early-stage technologies including backgrounds in the core concepts, sources of value, methods of valuation, equity realizations, and negotiation strategies.
A Primer on American Labor Law is an accessible guide written for nonspecialists -- labor and management representatives, students, general practice lawyers, as well as trade unionists, government officials, and academics from other countries. It covers such topics as the National Labor Relations Act, unfair labor practices, the collective bargaining relationship, dispute resolution, the public sector, and public-interest labor law. This thoroughly updated fourth edition contains extensive new material, covering developments in the eleven years since the third edition, including the continuing decline in union membership, job security rights, wrongful discharge litigation and dispute resolution procedures, ADA (Americans with Disabilities Act) litigation, cases involving sexual harassment and sexual orientation, the most recent collective bargaining agreements in professional sports, and the debate -- spurred by globalism -- on international labor standards. Much of the discussion of the National Labor Relati
Sad.Mad.Scared.Stressed.Distraught.Distracted.Overwhelmed.Divorce dredges up so many emotions and entails so many financial and legal issues,it's difficult to stay rational and keep your life on track.This savvy,updated guide empowers you to take constructive steps toward a better future.It leads you through preparing for divorce,the process,legal issues,coping,sticky situations,and post-divorce financial and health-care issues.It tells you things attorneys and other advisors may not,and gives unbiased recommendations for negotiating the tricky issues of divorce while keeping your sanity. Vital Information to help you protect your interests in a divorce or in dealings with your future ex,attorneys,financial advisors,and more. Insider Secrets for moving from "I do" to "I don't" with harmony,intelligence,and grace. Money-Saving Techniques to reduce legal fees and court costs. Time-Saving Tips to help you resolve your divorce without going to court. The Scoop on the Latest Trends an
This book contains a selection of essays and articles by John H. Jackson previously published over four decades and collected together into one volume. Each article has been selected for its continued relevance to contemporary issues in international trade. Particular attention has been given to making available articles which have previously been less accessible. For the most part articles are republished in their original form but, where appropriate, the author has clearly marked some omissions and added updating material. In selecting and grouping these writings into six thematic parts, the author has written a short introduction to each part for this book. These range from the origin of the GATT through to the Uruguay round of trade negotiations and the WTO. An important compendium from a globally recognized scholar which must become an indispensable purchase for all concerned with international trade policy issues.
This newly revised edition of the #1 best-selling con-tracts book for paralegals continues to provide the paralegal student with straightforward introduction to the law of contracts. Thorough coverage includes an Overview of Contracts; the Basic Concepts of Offer, Acceptance, and Consideration; Legality of Subject Matter; Contractual Capacity; Contractual Intent; Contract Provisions; the Uniform Commercial Code; Third Party Contracts; Discharge of Obligations; Remedies; Drafting Simple Contracts; appendices of Sample Contracts and Supplemental Cases; and a Glossary.
Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system. 作者简介： Richard W. Bauman is Professor of Law at the University of Alberta where he is also Chair of the Management Board of the Centre for Constitutional Studies. He was
A favorite among law students and professors alike, the Examples & Explanations series is ideal for studying, reviewing and testing your understanding through application of hypothetical examples. Authored by leading professors with extensive classroom experience, Examples & Explanations titles offer hypothetical questions in the subject area, complemented by detailed explanations that allow you to test your knowledge of the topic, and compare your own analysis.
Internationally renowned facilitator and public participation consultant James L. Creighton offers a practical guide to designing and facilitating public participation of the public in environmental and public policy decision making. Written for government officials, public and community leaders, and professional facilitators, The Public Participation Handbook is a toolkit for designing a participation process, selecting techniques to encourage participation, facilitating successful public meetings, working with the media, and evaluating the program. The book is also filled with practical advice, checklists, worksheets, and illustrative examples.
