Search Results for "law-s-quandary"

Law’s Quandary

Law’s Quandary

  • Author: Steven D Smith
  • Publisher: Harvard University Press
  • ISBN: 9780674043824
  • Category: Law
  • Page: 222
  • View: 1686
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This lively book reassesses a century of jurisprudential thought from a fresh perspective, and points to a malaise that currently afflicts not only legal theory but law in general. Steven Smith argues that our legal vocabulary and methods of reasoning presuppose classical ontological commitments that were explicitly articulated by thinkers from Aquinas to Coke to Blackstone, and even by Joseph Story. But these commitments are out of sync with the world view that prevails today in academic and professional thinking. So our law-talk thus degenerates into "just words"--or a kind of nonsense. The diagnosis is similar to that offered by Holmes, the Legal Realists, and other critics over the past century, except that these critics assumed that the older ontological commitments were dead, or at least on their way to extinction; so their aim was to purge legal discourse of what they saw as an archaic and fading metaphysics. Smith's argument starts with essentially the same metaphysical predicament but moves in the opposite direction. Instead of avoiding or marginalizing the "ultimate questions," he argues that we need to face up to them and consider their implications for law.

Unrestrained

Unrestrained

Judicial Excess and the Mind of the American Lawyer

  • Author: Robert F. Nagel
  • Publisher: Transaction Publishers
  • ISBN: 141281359X
  • Category: Political Science
  • Page: 159
  • View: 9208
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Robert Nagel's innovative volume attempts to explain why, despite almost four decades of conservative and moderate appointments, the Supreme Court continues to intervene aggressively in a wide array of social and political issues. The explanation lies primarily in the psychological effects of the way that lawyers think about law and judging. The instincts ingrained by the experiences common to legal education and the successful practice of law also work to encourage the reckless use of power. Nagel argues that the problem with the modern judicial role is cultural and political. He demonstrates that judges, especially Supreme Court justices, have degraded our political discourse, intensified social conflict, and drained moral confidence. By examining modern Supreme Court confirmation hearings along with certain classic legal writings, Nagel shows how modern lawyers have a broad consensus on how to interpret the Constitution and, more generally, how to think about law. One major component of this mindset is to combine realism with legalism in ways that naturally tend to expand the judiciary's imperial role. Realism counsels that decisions are inevitably partly personal and therefore cannot be conclusively justified while legalism imparts the sense that the judge's interpretation is the best one possible. This combination of the personal and political, along with other aspects of modem legal thinking and training, means that judges are not only unconstrained by professional norms but actually are impelled by them to use power expansively. This issue is important to every person living in the U.S., as the Supreme Court's decisions concern everyone in the nation. It has the potential to be read by lawmakers, lawyers, students of law and political science, and anyone interested in Constitutional law. The thesis is unique and the execution is precise.

The Loves of a Lawyer, His Quandary, and how it Came Out

The Loves of a Lawyer, His Quandary, and how it Came Out

  • Author: Andrew Shuman
  • Publisher: N.A
  • ISBN: N.A
  • Category:
  • Page: 214
  • View: 5643
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The Law and Society Reader II

The Law and Society Reader II

  • Author: Erik Larson,Patrick Schmidt
  • Publisher: NYU Press
  • ISBN: 1479878731
  • Category: Law
  • Page: 440
  • View: 4592
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Law and society scholars challenge the common belief that law is simply a neutral tool by which society sets standards and resolves disputes. Decades of research shows how much the nature of communities, organizations, and the people inhabiting them affect how law works. Just as much, law shapes beliefs, behaviors, and wider social structures, but the connections are much more nuanced—and surprising—than many expect. Law and Society Reader II provides readers an accessible overview to the breadth of recent developments in this research tradition, bringing to life the developments in this dynamic field. Following up a first Law and Society Reader published in 1995, editors Erik W. Larson and Patrick D. Schmidt have compiled excerpts of 43 illuminating articles published since 1993 in The Law & Society Review, the flagship journal of the Law and Society Association. By its organization and approach, this volume enables readers to join in discussing the key ideas of law and society research. The selections highlight the core insights and developments in this research tradition, making these works indispensable for those exploring the field and ideal for classroom use. Across six concisely-introduced sections, this volume analyzes inequality, lawyering, the relation between law and organizations, and the place of law in relation to other social institutions.

Michigan Law Review

Michigan Law Review

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: N.A
  • View: 8549
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Understanding Labor and Employment Law in China

Understanding Labor and Employment Law in China

  • Author: Ronald C. Brown
  • Publisher: Cambridge University Press
  • ISBN: 1139482017
  • Category: Law
  • Page: N.A
  • View: 2557
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Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in underregulated workplaces. More recently, labor law reforms have been praised for their progressive measures and, at the same time, blamed for placing too many economic burdens on companies, especially those operating on the margins, which in some cases have caused business failures. This, combined with the global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the labor laws. Meanwhile, the Chinese Union has organized many of the Global Fortune 500 companies, and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the labor and employment law environment in China and its legal requirements, as well as practices under these laws used to deal with labor issues.

General Laws and Interpretation -Sultanate of Oman -Part I

General Laws and Interpretation -Sultanate of Oman -Part I

Perspicuous Edition 2014

  • Author: Henrietta Newton Martin
  • Publisher: BookRix
  • ISBN: 3730984535
  • Category: Law
  • Page: 84
  • View: 4350
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Over the years,the Sultanate of Oman has witnessed radical changes in its legal system through varied laws and the interpretation of the laws. With special emphasis on the Oman labor law, this book delves into certain radical amendments in brief from 2011 to 2013 in the form of ministerial decisions, through which , the law makers in the jurisdiction,strived to strengthen the socio-economic structure of Oman as a productive economy on one hand, and also reflects on how the implementation of such ministerial decisions received a blow at the inception and took time to settle down in the minds of the governed.The book in its last chapter suggestively deals in brief with general legal principles in the Sultanate of Oman and certain concepts that it advisedly ought to integrate in its legal system as an emerging constitution.

Getting Started with Policy Governance

Getting Started with Policy Governance

Bringing Purpose, Integrity and Efficiency to Your Board's Work

  • Author: Caroline Oliver
  • Publisher: John Wiley & Sons
  • ISBN: 0470481137
  • Category: Business & Economics
  • Page: 256
  • View: 9897
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In this newest book on the Policy Governance approach to board leadership created by John Carver, Caroline Oliver gives readers practical, hands-on tools for getting the most from the system in the day-to-day operation of their boards. In the Policy Governance Fieldbook, Oliver explored the experience of 11 organizations that succeeded and failed in using Policy Governance. Now, she has drawn upon the most important lessons from that experience as well as her experience in helping many more organizations along the Policy Governance road to governing excellence. The result is a wealth of tools and resources for helping readers to: Decide if Policy Governance is right for them Identify and link with owners Develop means policies Create Ends policies Monitor Policies Run meetings Evaluate Plan for the future

Laws of Guernsey

Laws of Guernsey

  • Author: Gordon Dawes
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847311857
  • Category: Law
  • Page: 880
  • View: 2867
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A considerable volume of international financial business is carried on in Guernsey, a near independent jurisdiction with close constitutional links to Britain about to celebrate the 800th anniversary of its status. Guernsey law is distinct from English law, drawing on its own history and traditions as well as modern English legal principles and those of other jurisdictions. Laws of Guernsey is the first textbook of modern times to introduce the core areas of Guernsey law and court procedure. It is essential reading for the many individuals and entities with business either in Guernsey or governed by Guernsey law. It will be of particular interest and assistance to lawyers from other jurisdictions concerned with Guernsey law issues, whether litigation, succession, insurance, employment or anything else; likewise the book will assist insurers, bankers, trustees and financial services professionals generally. The book includes a foreword written by the Bailiff of Guernsey, the Island's senior judge. The following principal areas are introduced: Company and commercial law; trust law; income tax law; law of succession; property law; employment law; health and safety at work law; tort law; contract law; civil procedure and injunctions; criminal law and procedure; anti-money laundering legislation. The book includes various legislative materials and many cross-references to English law in particular, likewise to French law. Contents: Foreword by the Bailiff of Guernsey; Acknowledgements; Abbreviations; Table of Cases; Table of Laws, Statutes and other legislative materials; Table of Orders of the Royal Court, Rules, Practice Directions etc.; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control and Right to Work Legislation; 5) Control of Development; 6) Family Law; 7) Guardianship (Tutelle and Curatelle); 8) Law of Trusts: The Trusts (Guernsey) Law 1989; 9) Succession Laws of the Bailiwick; 10) Income Tax; 11) Insolvency; 12) Security Interests; 13) Control of Borrowing; 14) Financial Services Regulation in the Bailiwick; 15) Guernsey Company Law; 16) Employment Law; 17) Health and Safety at Work Law; 18) Civil Courts and Procedure; 19) Injunctions, Arrêts and the Clameur de Haro; 20) Conflict of Laws; 21) Criminal Courts and Procedure; 22) Evidence in Civil and Criminal Proceedings in Guernsey; 23) Guernsey Law of Realty and Leases; 24) Guernsey Law of Tort and Contract; 25) Epilogue; Appendices; Bibliography; Index

Reciprocity in International Law

Reciprocity in International Law

Its impact and function

  • Author: Shahrad Nasrolahi Fard
  • Publisher: Routledge
  • ISBN: 131731218X
  • Category: Law
  • Page: 194
  • View: 5319
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In international relations, reciprocity describes an environment in which States support one another for short- or long-term advantage through the balancing of rights, duties and interests. This book examines reciprocity in the context of international law. It considers the role reciprocity plays in the creation and development of international law as well as in the interpretation and application of international law. The book illuminates the reciprocal framework of international law and international relations by examining the role reciprocity plays in different types of States’ obligations, including bilateral, bilateralisable multilateral, non-bilateralisable multilateral and obligations erga omnes. The book examines how reciprocity is intertwined with the principle of equality, as the rights and obligations of States are equal irrespective of size and economic or military strength, and the beneficial effects of reciprocity in creating stability and cooperation amongst States.

The 11 Laws of Likability

The 11 Laws of Likability

Relationship Networking. . . Because People Do Business with People They Like

  • Author: Michelle Lederman
  • Publisher: AMACOM
  • ISBN: 0814416381
  • Category: Business & Economics
  • Page: 224
  • View: 7869
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We all know that networking is important, and that forming relationships with others is a vital part of success. But sometimes it seems like networking removes all emotions from the equation and focuses only on immediate goals...whereas the kind of relationships that have true staying power, give us joy, and support us in the long run are founded on simply liking each other. This book, featuring activities, self-assessment quizzes, and real-life anecdotes from professional and social settings, shows readers how to identify what's likable in themselves and create honest, authentic interactions that become "wins" for all parties involved. Readers will discover how to: * Start conversations and keep them going with ease * Convert acquaintances into friends * Uncover people's preferences and tweak their own personal style to enable engaging, reciprocal interactions * Create follow-up and stay in others' minds long after the initial meeting The worst thing we can do when trying to establish a personal bond with someone is to come across as manipulative or self-serving. Authentic connections go much deeper-and feel much easier-than trying to hit self-imposed business card collection quotas. This book presents a new paradigm that shows how even the most networking-averse can network...and like it.

Managing in the Public Sector

Managing in the Public Sector

A Casebook in Ethics and Leadership

  • Author: Brett Sharp,Grant Aguirre,Kenneth Kickham
  • Publisher: Routledge
  • ISBN: 1134853327
  • Category: Political Science
  • Page: 206
  • View: 6042
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Casebooks in public administration have become intensely sophisticated with complex scenarios, richly detailed multi-step simulations, and demanding role playing requirements. While these types of cases and exercises have their place, Managing in the Public Sector is a casebook designed with maximum instructor flexibility and student engagement in mind. Featuring cases brief enough to be covered in the last few minutes of a class as well as those substantive enough to last the entire hour, this book allows instructors to illustrate theoretical concepts, encourage active student participation, to make a transition between topics, or to integrate different approaches to administrative study. Retaining the first edition’s use of focused, real-life-inspired cases to help elucidate the application of concepts for students, the second edition has been updated and revised throughout to include: An expanded chapter on ethical analysis A new section on how to make logical arguments Thoroughly updated cases as well as many new contemporary cases New chapter introductions featuring overviews of major leadership and ethical theories to provide students with the context they need Discussion questions at the end of each case to facilitate critical analysis and classroom discussion A cross-listing of all cases and subject matter in an appendix for quick topical reference. Now even more enmeshed in the literature of ethics, leadership, and public administration, Managing in the Public Sector, 2e provides authentic, hands-on experience of the decisions public administrators must face. It is an ideal casebook to supplement undergraduate and graduate public administration, leadership, human resource management, or administrative ethics courses.

The Rule of Law

The Rule of Law

  • Author: Ian Shapiro
  • Publisher: NYU Press
  • ISBN: 9780814780244
  • Category: Law
  • Page: 396
  • View: 7278
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From the sprawling remnants of the Soviet empire to the southern tip of Africa, attempts are underway to replace arbitrary political regimes with governments constrained by the rule of law. This ideal which subordinates the wills of individuals, social movements--and even, sometimes, democratically elected majorities--to the requirements of law, is here explored by leading legal and political thinkers. Part I of The Rule of Law examines the interplay of democracy and the rule of law, while Part II focusses on the centuries-old debate about the meaning of the rule of law itself. Part III takes up the constraints that rationality exercises on the rule of law. If the rule of law is desirable partly because it is rational, then departures from that rule might also be desirable in the event that they can be shown to be rational. Part IV concentrates on the limits of the rule of law, considering the tensions between liberalism and the rule of law which exist despite the fact that reasoned commitment to the rule of the law is preeminently a liberal commitment. Contributing to the volume are: Robert A. Burt (Yale University), Steven J. Burton (University of Iowa), William N. Eskridge, Jr. (Georgetown University), John Ferejohn (Stanford University), Richard Flathman (Johns Hopkins University), Gerald F. Gaus (University of Minnesota, Duluth), Jean Hampton (University of Arizona), Russell Hardin (University of Chicago), James Johnson (University of Rochester), Jack Knight (Washington University), Stephen Macedo (Harvard University), David Schmidtz (Yale University), Lawrence B. Solum (Loyola Marymount University), Michael Walzer (Princeton University), Catherine Valcke (University of Toronto), and Michael P. Zuckert (Carleton College).

The Idea of Labour Law

The Idea of Labour Law

  • Author: Guy Davidov,Brian Langille
  • Publisher: OUP Oxford
  • ISBN: 0191648078
  • Category: Law
  • Page: 456
  • View: 7072
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Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

Current Issues in American Law Enforcement: Community Policing:; Chapter 3 Public And Court Review Of Police; Chapter 4 Internal Review Of The Police:; Chapter 5 Police Use Of Force:; Chapter 6 Hate Crimes:; Chapter 7 Murder And Injury Of Police Officers:; Chapter 8 Profiling:; Chapter 9 Police Conduct:; Chapter 10 Women In Law Enforcement:; Chapter 11Vehicle Pursuit:; Index

Current Issues in American Law Enforcement: Community Policing:; Chapter 3 Public And Court Review Of Police; Chapter 4 Internal Review Of The Police:; Chapter 5 Police Use Of Force:; Chapter 6 Hate Crimes:; Chapter 7 Murder And Injury Of Police Officers:; Chapter 8 Profiling:; Chapter 9 Police Conduct:; Chapter 10 Women In Law Enforcement:; Chapter 11Vehicle Pursuit:; Index

  • Author: Harry W. More
  • Publisher: Charles C Thomas Publisher
  • ISBN: 0398085927
  • Category: Social Science
  • Page: 289
  • View: 7242
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Through the years, the police have performed the time-honored functions of controlling crime, maintaining law and order, and providing services. This comprehensive book redefines the police role in many communities, especially as police departments have moved toward the creation of a partnership with citizens, private agencies and other community service departments. Major topics include: (1) an added major development in the external review of police conduct with anticipation that police review boards will become more prevalent; (2) the fact that internal review will still be an important process of the organizational response to police misconduct acknowledging Internal Affairs is here to stay; (3) the trend for the courts at the federal level to intervene with Consent Decrees, Memorandums of Understanding, and Technical Assistance letters in cities from coast to coast; and (4) the use of deadly force that has reached the point where it is viewed as a recurrent police problem. Major cases such as the Rodney King beating, the Louima case, the James Bryd case, and the Mathew Shepard case are examined to see how these issues impacted our operational and legal system. The book also addresses the issues of profiling and vehicular pursuit that remain a major issue in many communities, and while remedies have cured some of these problems, it still remains a major issue. The text also focuses on the inroads that women in policing are making as more females enter law enforcement and ascend to positions of higher power. Law enforcement professionals, policymakers, investigators, attorneys, and the general public will find the book to be of special interest.

Creativity, Law and Entrepreneurship

Creativity, Law and Entrepreneurship

  • Author: Shubha Ghosh,Robin Paul Malloy
  • Publisher: Edward Elgar Publishing
  • ISBN: 0857933167
  • Category: Law
  • Page: 288
  • View: 4539
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Creativity, Law and Entrepreneurship explores the idea of creativity, its relationship to entrepreneurship, and the law's role in inhibiting and promoting it. Our inquiry into law and creativity reduces to an inquiry about what people do, what activities and actions they engage in. What unites law and creativity, work and play, is their shared origins in human activity, however motivated, to whatever purpose directed. In this work contributors from the US and Europe explore the ways in which law incentivizes particular types of activity as they develop themes related to emergent theories of entrepreneurship (public, private, and social); lawyering and the creative process; creativity in a business and social context; and, creativity and the construction of legal rights.

Free Trade and Cultural Diversity in International Law

Free Trade and Cultural Diversity in International Law

  • Author: Jingxia Shi
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782251154
  • Category: Law
  • Page: 360
  • View: 2414
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This book attempts to reconcile the concept of free trade with a key non-trade social value - cultural diversity - in an era of economic globalisation. It first shows how we can look at culture in many different ways, and explains why we should care about cultural diversity. The book then examines the challenges that policymakers are faced with in formulating cultural measures in the new media environment, and analyses UNESCO's theories and approaches to cultural diversity. This is followed by a comprehensive examination of the treatment of 'culture' in global and regional trade agreements, including the framework of the GATT/WTO system, the WTO's judicial practice involving cultural products, and the treatment of culture under the EC/EU and NAFTA. This identifies the challenges trade norms encounter in dealing with cultural products. The author seeks to formulate a balanced view of the challenge of protecting and promoting cultural diversity while also recognising the important goal of trade liberalisation. To this end Professor Shi proposes a dual method through which the norms found in WTO agreements and in UNESCO cultural instruments may be brought into alignment: the first highlighting the compatibility of cultural policy measures with trade obligations on a domestic level, the second suggesting potential linkages between the WTO rules and the UNESCO Convention from the perspectives of treaty interpretation.

Zoning and Planning Law Handbook

Zoning and Planning Law Handbook

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: City planning and redevelopment law
  • Page: N.A
  • View: 5004
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Denver law journal

Denver law journal

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: N.A
  • View: 8616
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Foundations of astronomy

Foundations of astronomy

  • Author: Michael A. Seeds
  • Publisher: Wadsworth Publishing Company
  • ISBN: N.A
  • Category: Science
  • Page: 608
  • View: 8339
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