Managing Legal Uncertainty

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Managing Legal Uncertainty

Ronen Shamir
Managing Legal Uncertainty Book PDF

Author : Ronen Shamir
Publisher : Unknown
Page : 280 pages
File Size : 52,5 Mb
Release : 1995
Category : Law
ISBN : UOM:39015034888019

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Managing Legal Uncertainty by Ronen Shamir Pdf

With the New Deal came a dramatic expansion of the American regulatory state. Threatening to undermine many of the traditional roles of the legal system and its actors by establishing a system of administrative law, the new emphasis on federal legislation as a form of social and economic planning ushered in an era of "legal uncertainty." In this study Ronen Shamir explores how elite corporate lawyers and the American Bar Association clashed with academic legal realists over the constitutionality of the New Deal's legislative program. Applying the insights of Weber and Bourdieu to the sociology of the legal profession, Shamir shows that elite members of the bar had a keen self-interest in blocking the expansion of administrative law. He dismisses as oversimplified the view that elite lawyers were "hired guns" who argued that New Deal legislation was unconstitutional solely because of their duty to represent their capitalist clients. Instead, Shamir suggests, their alignment with the capitalist class was an incidental result of their attempt to articulate their vision of the law as scientific, apolitical, and judicially oriented--and thereby to defend their own position within the law profession. The academic legal realists on the other side of the constitutional debates criticized the rigidity of the traditional judicial process and insisted that flexibility of interpretation and the uncertainty of legal outcomes was at the heart of the legal system. The author argues that many legal realists, encouraged by the experimental nature of the New Deal, seized an opportunity to improve on their marginal status within the legal profession by moving their discussions from academic circles to the national policy agenda.

Legal Risks in EU Law

Emilia Mišćenić,Aurélien Raccah
Legal Risks in EU Law Book PDF

Author : Emilia Mišćenić,Aurélien Raccah
Publisher : Springer
Page : 256 pages
File Size : 54,5 Mb
Release : 2016-04-13
Category : Law
ISBN : 9783319285962

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Legal Risks in EU Law by Emilia Mišćenić,Aurélien Raccah Pdf

This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

Law, War and the Penumbra of Uncertainty

Sam Selvadurai
Law War and the Penumbra of Uncertainty Book PDF

Author : Sam Selvadurai
Publisher : Cambridge University Press
Page : 375 pages
File Size : 55,7 Mb
Release : 2022-04-07
Category : Law
ISBN : 9781316511985

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Law, War and the Penumbra of Uncertainty by Sam Selvadurai Pdf

An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.

Managing Risk and Uncertainty

Richard Friberg
Managing Risk and Uncertainty Book PDF

Author : Richard Friberg
Publisher : MIT Press
Page : 395 pages
File Size : 51,5 Mb
Release : 2015-11-13
Category : Business & Economics
ISBN : 9780262528191

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Managing Risk and Uncertainty by Richard Friberg Pdf

A comprehensive framework for assessing strategies for managing risk and uncertainty, integrating theory and practice and synthesizing insights from many fields. This book offers a framework for making decisions under risk and uncertainty. Synthesizing research from economics, finance, decision theory, management, and other fields, the book provides a set of tools and a way of thinking that determines the relative merits of different strategies. It takes as its premise that we make better decisions if we use the whole toolkit of economics and related fields to inform our decision making. The text explores the distinction between risk and uncertainty and covers standard models of decision making under risk as well as more recent work on decision making under uncertainty, with a particular focus on strategic interaction. It also examines the implications of incomplete markets for managing under uncertainty. It presents four core strategies: a benchmark strategy (proceeding as if risk and uncertainty were low), a financial hedging strategy (valuable if there is much risk), an operational hedging strategy (valuable for conditions of much uncertainty), and a flexible strategy (valuable if there is much risk and/or uncertainty). The book then examines various aspects of these strategies in greater depth, building on empirical work in several different fields. Topics include price-setting, real options and Monte Carlo techniques, organizational structure, and behavioral biases. Many chapters include exercises and appendixes with additional material. The book can be used in graduate or advanced undergraduate courses in risk management, as a guide for researchers, or as a reference for management practitioners.

Judging Under Uncertainty

Adrian Vermeule
Judging Under Uncertainty Book PDF

Author : Adrian Vermeule
Publisher : Harvard University Press
Page : 356 pages
File Size : 40,5 Mb
Release : 2006
Category : Law
ISBN : 0674022106

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Judging Under Uncertainty by Adrian Vermeule Pdf

In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

Managing Project Uncertainty

David Cleden
Managing Project Uncertainty Book PDF

Author : David Cleden
Publisher : Routledge
Page : 131 pages
File Size : 48,9 Mb
Release : 2017-03-02
Category : Business & Economics
ISBN : 9781351920414

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Managing Project Uncertainty by David Cleden Pdf

Dealing effectively with uncertainty requires today's project manager to be familiar with a broad spectrum of strategies, encompassing both 'hard' and 'soft' methods. This theme of unified thinking (i.e. the need to selectively draw upon a wide range of strategies in any given situation) will differentiate the book from its contemporaries. By picking up where traditional risk management techniques begin to fail, it brings together leading-edge thinking from a variety of disciplines and shows how these techniques can be used to conquer uncertainty in projects. The ability to make good decisions when faced with uncertainty is the real challenge. It is a universal truth that a decision is only as good as the information it is based on. But good information is often hard to come by, and all projects are vulnerable to the unknown and the unknowable. Thus, uncertainty becomes the sworn enemy of the project manager. Wherever we try to analyse, quantify, plan and act, uncertainty lies in wait to surprise us with its ambiguity and unpredictability. It lurks in every stage of the project lifecycle: in the planning (how long will this really take?), the initiation (this isn't the situation I expected!), the execution (who could have foreseen that happening?), and even the completion of a project (where are the expected benefits?). But managing uncertainty is a lot more than just applying risk management techniques. It requires a deep appreciation of how uncertainty arises and, by recognising its different guises, the appropriate strategies can be formulated. If we can learn how to reduce uncertainty, we can make better management decisions and increase the chances of the project succeeding. This book addresses five key questions: ¢ Why is there uncertainty in projects? ¢ How do you spot the symptoms of uncertainty, preferably at an early stage? ¢ What can be done to avoid uncertainty? ¢ What strategies can be used to deal with project uncertainty? ¢ How can both the individual and the organisation learn to cope more effectively in the future? The reader is assumed to be a either a project management professional, or a senior manager looking for ways to improve project management strategy within their organisation. As such, a foundation in project management basics is assumed, although not essential. The book then builds on this by exposing new ideas and concepts, and shows how these can be harnessed to tackle uncertainty in its many guises.

Precedent and Statute

Orlin Yalnazov
Precedent and Statute Book PDF

Author : Orlin Yalnazov
Publisher : Springer
Page : 345 pages
File Size : 47,6 Mb
Release : 2018-11-02
Category : Law
ISBN : 9783658243852

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Precedent and Statute by Orlin Yalnazov Pdf

Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.

Small and Medium Enterprises, Law and Business

Jan Winczorek,Karol Muszyński
Small and Medium Enterprises Law and Business Book PDF

Author : Jan Winczorek,Karol Muszyński
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2023
Category : Small business
ISBN : 1032195282

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Small and Medium Enterprises, Law and Business by Jan Winczorek,Karol Muszyński Pdf

"The law plays an ambiguous role in running business. While legal tools can be used to tame uncertainties, for example, by concluding contracts to safeguard enforcement of future claims, they can also generate uncertainty. These secondary uncertainties like ones stemming from vague rights and obligations may be counterbalanced by using different resources and strategies, including acting informally, modifying business plans or accepting the losses from unpaid dues. This book discusses how small and medium enterprises use the law, abstain from using the law, and use alternative pathways to manage business uncertainties. Examining these topics through the lenses of an extensive qualitative and quantitative empirical study on justiciable issues, access to justice and legal uncertainty among SMEs in Poland, it implements and expands upon the paradigmatic paths to justice methodology which has been successfully used to study conflict resolution, access to justice and utilisation of the law by individuals in more than 30 jurisdictions. It argues that the grand promise of modern law - that it is a certainty-providing, neutral and democratic device to resolve problems and conflicts - is not fully delivered. It reveals how the conditions of a freshly developed capitalism combined with the rule of law backsliding contribute to universal, structural problems with access to justice meaning that accessing justice is a resource-hungry process, which incentivises small businesses to settle for their legal problems and engage in informal and alternative strategies"--

Uncertainty in International Law

Jörg Kammerhofer
Uncertainty in International Law Book PDF

Author : Jörg Kammerhofer
Publisher : Routledge
Page : 304 pages
File Size : 54,8 Mb
Release : 2010-07-12
Category : Law
ISBN : 9781136939716

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Uncertainty in International Law by Jörg Kammerhofer Pdf

Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of the theoretical dimension for the study of international law and offers a critique of the recent trend towards pragmatism and eclecticism in international legal scholarship. The unique aspect of the monograph is that it is the only book to apply the Pure Theory of Law as theoretical approach to international law, rather than simply being a piece of intellectual history describing it. This book will of great interest to students and scholars of public international law, legal theory and jurisprudence.

Uncertainty in Mechanical Engineering

Peter F. Pelz,Peter Groche
Uncertainty in Mechanical Engineering Book PDF

Author : Peter F. Pelz,Peter Groche
Publisher : Springer
Page : 0 pages
File Size : 50,9 Mb
Release : 2021-05-27
Category : Technology & Engineering
ISBN : 3030772551

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Uncertainty in Mechanical Engineering by Peter F. Pelz,Peter Groche Pdf

This open access book reports on methods and technologies to describe, evaluate and control uncertainty in mechanical engineering applications. It brings together contributions by engineers, mathematicians and legal experts, offering a multidisciplinary perspective on the main issues affecting uncertainty throughout the complete system lifetime, which includes process and product planning, development, production and usage. The book is based on the proceedings of the 4th International Conference on Uncertainty in Mechanical Engineering (ICUME 2021), organized by the Collaborative Research Center (CRC) 805 of the TU Darmstadt, and held online on June 7–8, 2021. All in all, it offers a timely resource for researchers, graduate students and practitioners in the field of mechanical engineering, production engineering and engineering optimization.

Managing Uncertainty, Mitigating Risk

Nick Firoozye,Fauziah Ariff
Managing Uncertainty Mitigating Risk Book PDF

Author : Nick Firoozye,Fauziah Ariff
Publisher : Springer
Page : 265 pages
File Size : 55,6 Mb
Release : 2016-04-20
Category : Business & Economics
ISBN : 9781137334541

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Managing Uncertainty, Mitigating Risk by Nick Firoozye,Fauziah Ariff Pdf

Managing Uncertainty, Mitigating Risk proposes that financial risk management broaden its approach, maintaining quantification where possible, but incorporating uncertainty. The author shows that by using broad quantification techniques, and using reason as the guiding principle, practitioners can see a more holistic and complete picture.

Managing Water Under Uncertainty and Risk: United Nations World Water Development Report #4 (3 Vols.)

UNESCO
Managing Water Under Uncertainty and Risk United Nations World Water Development Report 4 3 Vols Book PDF

Author : UNESCO
Publisher : UNESCO
Page : 913 pages
File Size : 43,5 Mb
Release : 2012-01-01
Category : Risk assessment
ISBN : 9789231042355

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Managing Water Under Uncertainty and Risk: United Nations World Water Development Report #4 (3 Vols.) by UNESCO Pdf

Released every three years since March 2003, the United Nations World Water Development Report (WWDR), a flagship UN-Water report published by UNESCO, has become the voice of the United Nations system in terms of the state, use and management of the world's freshwater resources. The report is primarily targeted at national decision-makers and water resource managers, but is also aimed at educating and informing a broader audience, from governments to the private sector and civil society. It underlines the important roles water plays in all social, economic and environmental decisions, highlighting policy implications across various sectors, from local and municipal to regional and international levels. Similarly to the first two editions, this report includes a comprehensive and up-to-date assessment of several key challenge areas, such as water for food, energy and human health, and governance challenges such as institutional reform, knowledge and capacity-building, and financing, each produced by individual UN agencies.

Strategies for Managing Uncertainty

Alfred A. Marcus
Strategies for Managing Uncertainty Book PDF

Author : Alfred A. Marcus
Publisher : Cambridge University Press
Page : 567 pages
File Size : 49,6 Mb
Release : 2019-03-28
Category : Business & Economics
ISBN : 9781107191150

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Strategies for Managing Uncertainty by Alfred A. Marcus Pdf

Explains how energy industry firms have hedged their bets by using paradoxical strategies to cope with the uncertainty around energy prices and climate change.

Uncertainty in Risk Assessment, Risk Management, and Decision Making

V.T. Covello,Lester B. Lave,Alan Moghissi,V.R.R. Uppuluri
Uncertainty in Risk Assessment Risk Management and Decision Making Book PDF

Author : V.T. Covello,Lester B. Lave,Alan Moghissi,V.R.R. Uppuluri
Publisher : Springer Science & Business Media
Page : 523 pages
File Size : 43,6 Mb
Release : 2013-03-08
Category : Technology & Engineering
ISBN : 9781468453171

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Uncertainty in Risk Assessment, Risk Management, and Decision Making by V.T. Covello,Lester B. Lave,Alan Moghissi,V.R.R. Uppuluri Pdf

The subject of this volume--uncertainties in risk assessment and management--reflects an important theme in health, safety, and environ mental decision making. MOst technological hazards are characterized by substantial uncertainty. Recent examples include nuclear waste disposal, acid rain, asbestos in schools, carcinogens in food, and hazardous waste. realing with such uncertainty is arguably the most difficult and challeng ing task facing risk assessors and managers today. Four primary sources of uncertainty in risk assessment and management can be identified: (1) uncertainties about definitions; (2) uncertainties about scientific facts; (3) uncertainties about risk perceptions and atti tudes; and (4) uncertainties about values. Uncertainties about definitions derive primarily from disagreements about the meaning and interpretation of key concepts, such as probability. Uncertainties about scientific facts derive primarily from disagreements about failure modes, the probability and magnitude of adverse health or environmental consequences, cause and effect relationships, dose-response relationships, and exposure patterns. Uncertainties about risk perceptions and attitudes derive primarily from disagreements about what constitutes a significant or acceptable level of risk. Uncertainties about values derive primarily from disagreements about the desirability or worth of alternative risk management actions or conse quences. The papers in this volume address each of these sources of uncertainty from a variety of perspectives. Reflecting the broad scope of risk assess ment and risk management research, the papers include contributions from safety engineers, epidemiologists, toxicologists, chemists, biostatisticians, biologists, decision analysts, economists, psychologists, political scien tists, sociologists, ethicists, and lawyers.

Ecology, Uncertainty and Policy

John Handmer
Ecology Uncertainty and Policy Book PDF

Author : John Handmer
Publisher : Routledge
Page : 336 pages
File Size : 47,9 Mb
Release : 2017-09-29
Category : Science
ISBN : 9781317905066

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Ecology, Uncertainty and Policy by John Handmer Pdf

A broad and comprehensive exploration of the role of the ecological sciences in sustainability for undergraduates.The urgent quest for more sustainable patterns of development has placed new and difficult demands on both scientists and policy makers as they seek to establish more informed and effective policy processes and management regimes in the the face of pervasive uncertainty. Written by an international group of authors from a range of disciplines - ecology, geography, law, policy analysis and others - the chapters explore issues of scientific legitimacy, public participation, non-governmental organisations, inter-sectoral communication and pragmatic public policy across a wide range of ecosystem management contexts.