Imagining New Legalities

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Imagining New Legalities

Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Imagining New Legalities Book PDF

Author : Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Publisher : Stanford University Press
Page : 223 pages
File Size : 43,6 Mb
Release : 2012-03-14
Category : Law
ISBN : 9780804781572

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Imagining New Legalities by Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey Pdf

Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.

Imagining New Legalities

Austin Sarat,Lawrence Douglas,Martha Umphrey
Imagining New Legalities Book PDF

Author : Austin Sarat,Lawrence Douglas,Martha Umphrey
Publisher : Stanford Law Books
Page : 221 pages
File Size : 55,6 Mb
Release : 2012-03-14
Category : Law
ISBN : 0804777047

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Imagining New Legalities by Austin Sarat,Lawrence Douglas,Martha Umphrey Pdf

Imagining New Legalities reminds us that examining the right to privacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individuals and by governments over their citizens. This book does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead it considers several different conceptions of privacy and provides examples of legal inventiveness in confronting some contemporary challenges to the public/private distinction. It provides a context for that consideration by surveying the meanings of privacy in three domains—-the first, involving intimacy and intimate relations; the second, implicating criminal procedure, in particular, the 4th amendment; and the third, addressing control of information in the digital age. The first two provide examples of what are taken to be classic breaches of the public/private distinction, namely instances when government intrudes in an area claimed to be private. The third has to do with voluntary circulation of information and the question of who gets to control what happens to and with that information.

Imagining Legality

Austin Sarat
Imagining Legality Book PDF

Author : Austin Sarat
Publisher : University of Alabama Press
Page : 248 pages
File Size : 42,6 Mb
Release : 2011-09-12
Category : Law
ISBN : 9780817356781

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Imagining Legality by Austin Sarat Pdf

Imagining Legality: Where Law Meets Popular Culture is collection of essays on the relationship between law and popular culture that posits, in addition to the concepts of law in the books and law in action, a third concept of law in the image—that is, of law as it is perceived by the public through the lens of public media. Imagining Legality argues that images of law suggested by television and film are as numerous as they are various, and that they give rise to a potent and pervasive imaginative life of the law. The media’s projections of the legal system remind us not only of the way law lives in our imagination but also of the contingencies of our own legal and social arrangements. Contributors to Imagining Legality are less interested in the accuracy of the portrayals of law in film and television than in exploring the conditions of law’s representation, circulation, and consumption in those media. In the same way that legal scholars have taken on the disciplinary perspectives of history, economics, sociology, anthropology, and psychology in relation to the law, these writers bring historical, sociological, and cultural analysis, as well as legal theory, to aid in the understanding of law and popular culture.

Law and Imagination in Troubled Times

Richard Mullender,Matteo Nicolini,Thomas D. C. Bennett,Emilia Mickiewicz
Law and Imagination in Troubled Times Book PDF

Author : Richard Mullender,Matteo Nicolini,Thomas D. C. Bennett,Emilia Mickiewicz
Publisher : Routledge
Page : 274 pages
File Size : 40,7 Mb
Release : 2020
Category : Law
ISBN : 0429325649

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Law and Imagination in Troubled Times by Richard Mullender,Matteo Nicolini,Thomas D. C. Bennett,Emilia Mickiewicz Pdf

"This collection focuses on how troubled times impact upon the law, the body politic, and the complex interrelationship among them. It centres on how they engage in a dialogue with the imagination and literature, thus triggering an emergent (but thus far underdeveloped) field concerning the 'legal imagination'. Legal change necessitates a close examination of the historical, cultural, social, and economic variables that promote and affect such change. This requires us to attend to the variety of non-legal variables that percolate throughout the legal system. The collection probes 'the transatlantic constitution' and focuses attention on imagination in a common law context that seems to foster imagination as a cultural capability. The book is divided into four parts. The first part begins with a set of insights into the historical development of legal education in England and concludes with a reflection on the historical transition of England from an absolute monarchy to a republic. The second part of the volume examines the role that imagination plays in the functioning of the courts. The third part focuses on patterns of thought in legal scholarship and detects how legal imagination contributes to the process of producing new legal categories and terminology. The fourth part focuses on patterns of thought in legal scholarship, and looks to the impact of the imagination on legal thinking in the future"--

Law, Technology and Society

Roger Brownsword
Law Technology and Society Book PDF

Author : Roger Brownsword
Publisher : Routledge
Page : 327 pages
File Size : 48,7 Mb
Release : 2019-02-18
Category : Law
ISBN : 9781351128162

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Law, Technology and Society by Roger Brownsword Pdf

This book considers the implications of the regulatory burden being borne increasingly by technological management rather than by rules of law. If crime is controlled, if human health and safety are secured, if the environment is protected, not by rules but by measures of technological management—designed into products, processes, places and so on—what should we make of this transformation? In an era of smart regulatory technologies, how should we understand the ‘regulatory environment’, and the ‘complexion’ of its regulatory signals? How does technological management sit with the Rule of Law and with the traditional ideals of legality, legal coherence, and respect for liberty, human rights and human dignity? What is the future for the rules of criminal law, torts and contract law—are they likely to be rendered redundant? How are human informational interests to be specified and protected? Can traditional rules of law survive not only the emergent use of technological management but also a risk management mentality that pervades the collective engagement with new technologies? Even if technological management is effective, is it acceptable? Are we ready for rule by technology? Undertaking a radical examination of the disruptive effects of technology on the law and the legal mind-set, Roger Brownsword calls for a triple act of re-imagination: first, re-imagining legal rules as one element of a larger regulatory environment of which technological management is also a part; secondly, re-imagining the Rule of Law as a constraint on the arbitrary exercise of power (whether exercised through rules or through technological measures); and, thirdly, re-imagining the future of traditional rules of criminal law, tort law, and contract law.

Crossroads in New Media, Identity and Law

Wouter de Been,P. Arora,M. Hildebrandt
Crossroads in New Media Identity and Law Book PDF

Author : Wouter de Been,P. Arora,M. Hildebrandt
Publisher : Springer
Page : 245 pages
File Size : 55,7 Mb
Release : 2015-05-19
Category : Social Science
ISBN : 9781137491268

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Crossroads in New Media, Identity and Law by Wouter de Been,P. Arora,M. Hildebrandt Pdf

Crossroads in New Media, Identity and Law is a compilation of essays on the nexus of new information and communication technologies, cultural identity, law and politics. The essays provoke timely discussions on how these different spheres affect each other and co-evolve in our increasingly hyper-connected and globalized world.

Virtue, Emotion and Imagination in Law and Legal Reasoning

Amalia Amaya,Maksymilian Del Mar
Virtue Emotion and Imagination in Law and Legal Reasoning Book PDF

Author : Amalia Amaya,Maksymilian Del Mar
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 41,6 Mb
Release : 2020-02-06
Category : Law
ISBN : 9781509925155

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Virtue, Emotion and Imagination in Law and Legal Reasoning by Amalia Amaya,Maksymilian Del Mar Pdf

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed (eg criminal law, constitutional law and tort law) and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues (such as compassion and humility) and judicial vices (such as callousness and partiality); the values and dangers of certain imaginative devices (eg personification); and the interactive and social dimensions of virtue, emotion and imagination.

The Legal Imagination

James Boyd White
The Legal Imagination Book PDF

Author : James Boyd White
Publisher : University of Chicago Press
Page : 328 pages
File Size : 44,8 Mb
Release : 1985-12-15
Category : Law
ISBN : 9780226894935

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The Legal Imagination by James Boyd White Pdf

White extends his theory of law as constitutive rhetoric, asking how one may criticize the legal culture and the texts within it. "A fascinating study of the language of the law. . . . This book is to be highly recommended: certainly, for those who find the time to read it, it will broaden the mind, and give lawyers a new insight into their role."—New Law Journal

Comparative Tort Law

Mauro Bussani,Anthony J. Sebok
Comparative Tort Law Book PDF

Author : Mauro Bussani,Anthony J. Sebok
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 54,5 Mb
Release : 2015-08-28
Category : LAW
ISBN : 9781784718138

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Comparative Tort Law by Mauro Bussani,Anthony J. Sebok Pdf

Comparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It l

Law and the Utopian Imagination

Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Law and the Utopian Imagination Book PDF

Author : Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey
Publisher : Stanford University Press
Page : 200 pages
File Size : 43,8 Mb
Release : 2014-05-21
Category : Law
ISBN : 9780804791861

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Law and the Utopian Imagination by Austin Sarat,Lawrence Douglas,Martha Merrill Umphrey Pdf

Law and the Utopian Imagination seeks to explore and resuscitate the notion of utopianism within current legal discourse. The idea of utopia has fascinated the imaginations of important thinkers for ages. And yet—who writes seriously on the idea of utopia today? The mid-century critique appears to have carried the day, and a belief in the very possibility of utopian achievements appears to have flagged in the face of a world marked by political instability, social upheaval, and dreary market realities. Instead of mapping out the contours of a familiar terrain, this book seeks to explore the possibilities of a productive engagement between the utopian and the legal imagination. The book asks: is it possible to re-imagine or revitalize the concept of utopia such that it can survive the terms of the mid-century liberal critique? Alternatively, is it possible to re-imagine the concept of utopia and the theory of liberal legality so as to dissolve the apparent antagonism between the two? In charting possible answers to these questions, the present volume hopes to revive interest in a vital topic of inquiry too long neglected by both social thinkers and legal scholars.

Copyright Law in an Age of Limitations and Exceptions

Ruth L. Okediji
Copyright Law in an Age of Limitations and Exceptions Book PDF

Author : Ruth L. Okediji
Publisher : Cambridge University Press
Page : 543 pages
File Size : 53,6 Mb
Release : 2017-03-30
Category : Law
ISBN : 9781107132375

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Copyright Law in an Age of Limitations and Exceptions by Ruth L. Okediji Pdf

In this book, leading scholars analyze the important role played by copyright exceptions in economic and cultural productivity.

Stanford Law Review

Stanford Law Review
Stanford Law Review Book PDF

Author : Stanford Law Review
Publisher : Quid Pro Books
Page : 313 pages
File Size : 40,8 Mb
Release : 2011-07-11
Category : Law
ISBN : 9781610279765

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Stanford Law Review by Stanford Law Review Pdf

The Stanford Law Review is published six times a year by students of the Stanford Law School. Each issue contains material written by student members of the Law Review, other Stanford law students, and outside contributors, such as law professors, judges, and practicing lawyers. The current volume is 63, for the academic year 2010-2011, and the present compilation, in ebook form, represents Issue 6, June 2011. The present issue is a special Symposium, featuring cutting-edge articles on patent law and the IP issues related to genetic and biotech innovation and business methods after the landmark U.S. Supreme Court decision in Bilski.

The Color of Creatorship

Anjali Vats
The Color of Creatorship Book PDF

Author : Anjali Vats
Publisher : Stanford University Press
Page : 344 pages
File Size : 40,6 Mb
Release : 2020-09-29
Category : Law
ISBN : 9781503610965

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The Color of Creatorship by Anjali Vats Pdf

The Color of Creatorship examines how copyright, trademark, and patent discourses work together to form American ideals around race, citizenship, and property. Working through key moments in intellectual property history since 1790, Anjali Vats reveals that even as they have seemingly evolved, American understandings of who is a creator and who is an infringer have remained remarkably racially conservative and consistent over time. Vats examines archival, legal, political, and popular culture texts to demonstrate how intellectual properties developed alongside definitions of the "good citizen," "bad citizen," and intellectual labor in racialized ways. Offering readers a theory of critical race intellectual property, Vats historicizes the figure of the citizen-creator, the white male maker who was incorporated into the national ideology as a key contributor to the nation's moral and economic development. She also traces the emergence of racial panics around infringement, arguing that the post-racial creator exists in opposition to the figure of the hyper-racial infringer, a national enemy who is the opposite of the hardworking, innovative American creator. The Color of Creatorship contributes to a rapidly-developing conversation in critical race intellectual property. Vats argues that once anti-racist activists grapple with the underlying racial structures of intellectual property law, they can better advocate for strategies that resist the underlying drivers of racially disparate copyright, patent, and trademark policy.

Re-Imagining Justice

Robin L. West
Re Imagining Justice Book PDF

Author : Robin L. West
Publisher : Routledge
Page : 128 pages
File Size : 55,8 Mb
Release : 2018-03-31
Category : Electronic
ISBN : 1138708399

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Re-Imagining Justice by Robin L. West Pdf

This title was first published in 2003. Resurrecting the neglected question of what we mean by legal justice, this book seeks to re-imagine rather than simply critique our contemporary notions of the rule of law, rights and legal equality. This work of reconstruction offers a progressive and egalitarian approach to concepts that have become overly associated with the idea of limited government and social conservatism. Focusing on the necessary conditions of co-operative community life, this book presents a vision of law that facilitates rather than frustrates politics, an analysis of rights that boosts our capacities for caring, and an idea of equality that captures a cosmopolitan vision based on the recognition of shared humanity.

Gender, Communication, and the Leadership Gap

Carolyn M. Cunningham,Heather M. Crandall,Alexa M. Dare
Gender Communication and the Leadership Gap Book PDF

Author : Carolyn M. Cunningham,Heather M. Crandall,Alexa M. Dare
Publisher : IAP
Page : 387 pages
File Size : 41,7 Mb
Release : 2017-09-01
Category : Social Science
ISBN : 9781681239965

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Gender, Communication, and the Leadership Gap by Carolyn M. Cunningham,Heather M. Crandall,Alexa M. Dare Pdf

Gender, Communication, and the Leadership Gap is the sixth volume in the Women and Leadership: Research, Theory, and Practice series. This cross-disciplinary series, from the International Leadership Association, enhances leadership knowledge and improves leadership development of women around the world. The purpose of this volume is to highlight connections between the fields of communication and leadership to help address the problem of underrepresentation of women in leadership. Readers will profit from the accessible writing style as they encounter cutting-edge scholarship on gender and leadership. Chapters of note cover microaggressions, authentic leadership, courageous leadership, inclusive leadership, implicit bias, career barriers and levers, impression management, and the visual rhetoric of famous women leaders. Because women in leadership positions occupy a contested landscape, one goal of this collection is to clarify the contradictory communication dynamics that occur in everyday interactions, in national and international contexts, and when leadership is digital. Another goal is to illuminate the complexities of leadership identity, intersectionality, and perceptions that become obstacles on the path to leadership. The renowned thinkers and scholars in this volume hail from both Leadership and Communication disciplines. The book begins with Sally Helgesen and Brenda J. Allen. Helgesen, co-author of The Female Vision: Women’s Real Power at Work, discusses the two-fold challenge women face as they struggle to articulate their visions. Her chapter offers six practices women can use to relieve this struggle. Allen, author of the groundbreaking book, Difference Matters: Communicating Social Identity, discusses the implications of how inclusive leadership matters to women and what it means to think about women as people who embody both dominant and non-dominant social identity categories. She then offers practical communication strategies and an intersectional ethic to the six signature traits of highly inclusive leaders. Each chapter includes practical solutions from a communication and leadership perspective that all readers can employ to advance the work of equality. Some solutions will be of use in organizational contexts, such as leadership development and training initiatives, or tools to change organizational culture. Some solutions will be of use to individuals, such as how to identify and respond productively to micro-aggressions or how to be cautious rather than optimistic about practicing authentic leadership. The writing in this volume also reflects a range of styles, from in-depth scholarship that produces new knowledge to shorter forums that feature interesting ideas worth considering.