University Of Chicago Law Review Volume 79 Number 2 Spring 2012

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University of Chicago Law Review: Volume 79, Number 2 - Spring 2012

Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 400 pages
File Size : 44,8 Mb
Release : 2012-11-22
Category : Law
ISBN : 9781610279215

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University of Chicago Law Review: Volume 79, Number 2 - Spring 2012 by University of Chicago Law Review Pdf

A leading law review offers a quality eBook edition. This second issue of 2012 features articles and essays from internationally recognized legal scholars. Authors include Eric Biber, writing on variations in scientific disciplines, experts, and environmental law; Frederic Bloom and Christopher Serkin, on suing courts and takings of property; Myriam Gilles and Gary Friedman, on aggregating consumer litigation after the AT&T Mobility decision on class actions; and David Skeel, Jr., on the possibility of bankruptcy for several U.S. states. In addition, the issue includes book review essays by Aziz Huq, concerning the power and limits of the executive branch; and by Laura Nirider, Joshua Tepfer, and Steven Drizin, on convicting the innocent and false confessions. Finally, an extensive student contribution explores antitrust law, state immunity from suit, and state licensing boards. In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used.

University of Chicago Law Review: Symposium - Understanding Education in the United States

Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 804 pages
File Size : 47,9 Mb
Release : 2012-11-07
Category : Law
ISBN : 9781610279451

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University of Chicago Law Review: Symposium - Understanding Education in the United States by University of Chicago Law Review Pdf

A leading law review now offers a quality eBook edition. This first issue of 2012 features articles and essays from internationally recognized legal and education scholars, including an extensive Symposium on understanding education and law in the United States. Topics include economic structures in education, teaching patriotism, charter and Catholic schools, Amish one-room schools, minority students, empirical work on religious schools, federalism, equal opportunity, and higher-education accreditation. In addition, the issue includes articles by Clayton Gillette on municipal bankruptcy and federalism, and Steven Horowitz on copyright law's asymetry, as well as a comment on wartime waivers. The issue serves, in effect, as an extensive book on cutting-edge issues of educational law and policy in the United States by renowned researchers in the field. It is presented in modern ebook formatting and features active Tables of Contents; linked footnotes and URLs; linked cross-references; and legible graphs.

University of Chicago Law Review: Volume 79, Number 3 - Summer 2012

Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 316 pages
File Size : 48,6 Mb
Release : 2012-11-12
Category : Law
ISBN : 9781610279277

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University of Chicago Law Review: Volume 79, Number 3 - Summer 2012 by University of Chicago Law Review Pdf

A leading law review offers a quality ebook edition. This third issue of 2012 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents for the issue include: ARTICLES: "Orwell’s Armchair," by Derek E. Bambauer "Jury Nullification in Modified Comparative Negligence Regimes," by Eli K. Best & John J. Donohue III "Allocating Pollution," by Arden Rowell COMMENTS: "A State-Centered Approach to Tax Discrimination under § 11501(b)(4) of the 4-R Act" "A Felony, I Presume? 21 USC § 841(b)’s Mitigating Provision and the Categorical Approach in Immigration Proceedings" "Home Is Where the Court Is: Determining Residence for Child Custody Matters under the UCCJEA" "Revisiting Revlon: Should Judicial Scrutiny of Mergers Depend on the Method of Payment?" In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used. The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School student-editors.

University of Chicago Law Review: Volume 81, Number 2 - Spring 2014

Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 367 pages
File Size : 47,9 Mb
Release : 2014-06-27
Category : Law
ISBN : 9781610278652

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University of Chicago Law Review: Volume 81, Number 2 - Spring 2014 by University of Chicago Law Review Pdf

The second issue of 2014 features articles and essays from recognized scholars. Contents include these Articles: • "Group to Individual (G2i) Inference in Scientific Expert Testimony," David L. Faigman, John Monahan & Christopher Slobogin • "Game Theory and the Structure of Administrative Law," Yehonatan Givati • "Habeas and the Roberts Court," Aziz Z. Huq • "Cost-Benefit Analysis and Agency Independence," Michael A. Livermore • "Accommodating Every Body," Michael Ashley Stein, Anita Silvers, Bradley A. Areheart & Leslie Pickering Francis In addition, the issue includes a Review Essay by Sharon R. Krause entitled "The Liberalism of Love," and these student Comments: • "Toward a Uniform Rule: The Collapse of the Civil-Criminal Divide in Appellate Review of Multitheory General Verdicts," Nathan H. Jack • "All out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach-of-Fiduciary-Duty Claims," Raphael Janove Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

University of Chicago Law Review

Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 692 pages
File Size : 55,8 Mb
Release : 2013-06-28
Category : Law
ISBN : 9781610278836

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University of Chicago Law Review by University of Chicago Law Review Pdf

The University of Chicago Law Review's second issue of 2013 features articles and essays from internationally recognized legal and policy scholars. Contents include: Article, "Property Lost in Translation," by Abraham Bell & Gideon Parchomovsky Article, "Tiers of Scrutiny in Enumerated Powers Jurisprudence," by Aziz Z. Huq Article, "State and Federal Models of the Interaction between Statutes and Unwritten Law," by Caleb Nelson Article, "Our Electoral Exceptionalism," by Nicholas O. Stephanopoulos Essay, "Reverse Advisory Opinions," by Neal Devins & Saikrishna B. Prakash Review Essay, "The Inescapability of Constitutional Theory," by Erwin Chemerinsky (reviewing a new book by Judge J. Harvie Wilkinson III) Comment, "Amongst the 'Waives': Whether Sovereign Immunity for Contractual Damages Is Waived under the Public Vessels Act or the Suits in Admiralty Act," by Maria A. Lanahan The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as student-authors ... and as a training ground for University of Chicago Law School students, who serve as its editors and contribute original research. Principal articles and essays are authored by internationally recognized legal scholars. Quality eBook editions feature active Contents, linked footnotes, and linked URLs in notes.

University of Chicago Law Review: Volume 79, Number 4 - Fall 2012

Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 490 pages
File Size : 55,6 Mb
Release : 2012-01-30
Category : Law
ISBN : 9781610278904

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University of Chicago Law Review: Volume 79, Number 4 - Fall 2012 by University of Chicago Law Review Pdf

A leading law review offers a quality ebook edition. This fourth issue of 2012 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents for the issue are: ARTICLES: -- Elected Judges and Statutory Interpretation, by Aaron-Andrew P. Bruhl & Ethan J. Leib -- Delegation in Immigration Law, by Adam B. Cox & Eric A. Posner -- What If Religion Is Not Special?, by Micah Schwartzman COMMENTS: -- A Common Law Approach to D&O Insurance “In Fact” Exclusion Disputes -- Taming the Hydra: Prosecutorial Discretion under the Acceptance of Responsibility Provision of the US Sentencing Guidelines -- Are Railroads Liable When Lightning Strikes? -- Who’s Allowed to Kill the Radio Star? Forfeiture Jurisdiction under the Communications Act -- Federal Diversity Jurisdiction and American Indian Tribal Corporations -- The Right to Trial by Jury under the WARN Act The issue also includes a Review Essay by Saul Levmore, analyzing the Public Choice implications of "Why the Law Is So Perverse" by Leo Katz In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used.

American Judicial Process

Author : Pamela C. Corley,Artemus Ward,Wendy L. Martinek
Publisher : Routledge
Page : 666 pages
File Size : 53,6 Mb
Release : 2015-09-25
Category : Political Science
ISBN : 9781136286568

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American Judicial Process by Pamela C. Corley,Artemus Ward,Wendy L. Martinek Pdf

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.

Infanticide

Author : Rachel Dixon
Publisher : Routledge
Page : 230 pages
File Size : 47,5 Mb
Release : 2023-02-02
Category : History
ISBN : 9781000474145

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Infanticide by Rachel Dixon Pdf

Infanticide examines medical expert evidence in infanticide cases, focusing specifically on the shifting notion of "certainty" in medical testimony. Beginning in the Early Modern period and concluding in the mid-twentieth century, it considers how courts determined whether an infant died from natural causes or other reasons, including violence. The book explores expert evidence in cases of infanticide and examines the extent of certainty created by medical specialists who founded their testimony on anatomical exploration and science. As the book progresses, it becomes clear that medical specialists were unable to scientifically establish cause of death and in doing so conveyed uncertainty in court proceedings. Rather than being regarded as a professional failing, Dixon argues that the uncertainty created by medical specialists redirected the outcomes of infanticide cases. The combination of uncertainty and the changing perceptions of infanticidal women by the court lead juries to find infanticidal women not guilty of a capital offence in many cases. This book will be of great interest to students and scholars of Criminology, Law and History.

Foucault against Neoliberalism?

Author : Geoffroy de Lagasnerie
Publisher : Rowman & Littlefield
Page : 131 pages
File Size : 45,7 Mb
Release : 2020-07-07
Category : Philosophy
ISBN : 9781786615282

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Foucault against Neoliberalism? by Geoffroy de Lagasnerie Pdf

In the late 1970s, Michel Foucault dedicated a number of controversial lectures on the subject of neoliberalism. Had Foucault been seduced by neoliberalism? Did France’s premier leftist intellectual, near the end of his career, turn to the right? In this book, Geoffroy de Lagasnerie argues that far from abandoning the left, Foucault’s analysis of neoliberalism was a means of probing the limits and lacunae of traditional political philosophy, social contract theory, Marxism, and psychoanalysis. For Lagasnerie, Foucault’s analysis was an attempt to discover neoliberalism’s singularity, understand its appeal, and unearth its emancipatory potential in order to construct a new art of rebelliousness. By reading Foucault’s lectures on neoliberalism as a means of developing new practices of emancipation, Lagasnerie offers an original and compelling account of Michel Foucault’s most controversial work.

University of Chicago Law Review: Symposium - Revelation Mechanisms and the Law

Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 387 pages
File Size : 44,7 Mb
Release : 2014-03-23
Category : Law
ISBN : 9781610278775

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University of Chicago Law Review: Symposium - Revelation Mechanisms and the Law by University of Chicago Law Review Pdf

The first issue of 2014 features articles and essays from internationally recognized legal and economics scholars, including an extensive Symposium on "Revelation Mechanisms and the Law." Topics include voting options and strategies to reveal preferences, corporate governance, regulatory intensity, tort calculations of risk, mandatory disclosure of choices, partitioning interests in land, and shopping for expert witnesses. In addition, Issue 1 includes an article, "Libertarian Paternalism, Path Dependence, and Temporary Law," by Tom Ginsburg, Jonathan S. Masur & Richard H. McAdams. Applications include smoking bans and seat belt laws. Also included is a student Comment, "Too Late to Stipulate: Reconciling Rule 68 with Summary Judgments," by Channing J. Turner; and a Book Review, "Common Good and Common Ground: The Inevitability of Fundamental Disagreement," by Rebecca L. Brown, reviewing Ordered Liberty: Rights, Responsibilities, and Virtues. The issue serves, in effect, as a new and extensive book on cutting-edge issues of revelation mechanisms, strategies, prompts, nudges, and effects. The Symposium's contents are: * "Governing Communities by Auction," by Abraham Bell & Gideon Parchomovsky * "Partition and Revelation," by Yun-chien Chang & Lee Anne Fennell * "Savage Tables and Tort Law: An Alternative to the Precaution Model," by Janet M. Currie & W. Bentley MacLeod * "Revelation and Suppression of Private Information in Settlement-Bargaining Models," by Andrew F. Daughety & Jennifer F. Reinganum * "The Use and Limits of Self-Valuation Systems," by Richard A. Epstein * "Expert Mining and Required Disclosure," by Jonah B. Gelbach * "Renegotiation Design by Contract," by Richard Holden & Anup Malani * "Audits as Signals," by Maciej H. Kotowski, David A. Weisbach & Richard J. Zeckhauser * "Irreconcilable Differences: Judicial Resolution of Business Deadlock," by Claudia M. Landeo & Kathryn E. Spier * "From Helmets to Savings and Inheritance Taxes: Regulatory Intensity, Information Revelation, and Internalities," by Saul Levmore * "Quadratic Voting as Efficient Corporate Governance," by Eric A. Posner & E. Glen Weyl * "The Efficiency of Bargaining under Divided Entitlements," by Ilya Segal & Michael D. Whinston Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

Constitutional Law, Religion and Equal Liberty

Author : Azin Tadjdini
Publisher : Routledge
Page : 146 pages
File Size : 45,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429576584

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Constitutional Law, Religion and Equal Liberty by Azin Tadjdini Pdf

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility

Author : Inge Graef
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 44,5 Mb
Release : 2016-10-17
Category : Law
ISBN : 9789041183255

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EU Competition Law, Data Protection and Online Platforms: Data as Essential Facility by Inge Graef Pdf

All are agreed that the digital economy contributes to a dynamic evolution of markets and competition. Nonetheless, concerns are increasingly raised about the market dominance of a few key players. Because these companies hold the power to drive rivals out of business, regulators have begun to seek scope for competition enforcement in cases where companies claim that withholding data is needed to satisfy customers and cut costs. This book is the first focus on how competition law enforcement tools can be applied to refusals of dominant firms to give access data on online platforms such as search engines, social networks, and e-commerce platforms – commonly referred to as the ‘gatekeepers’ of the Internet. The question arises whether the denial of a dominant firm to grant competitors access to its data could constitute a ‘refusal to deal’ and lead to competition law liability under the so-called ‘essential facilities doctrine', according to which firms need access to shared knowledge in order to be able to compete. A possible duty to share data with rivals also brings to the forefront the interaction of competition law with data protection legislation considering that the required information may include personal data of individuals. Building on the refusal to deal concept, and using a multidisciplinary approach, the analysis covers such issues and topics as the following: – data portability; – interoperability; – data as a competitive advantage or entry barrier in digital markets; – market definition and dominance with respect to data; – disruptive versus sustaining innovation; – role of intellectual property regimes; – economic trade-off in essential facilities cases; – relationship of competition enforcement with data protection law and – data-related competition concerns in merger cases. The author draws on a wealth of relevant material, including EU and US decision-making practice, case law, and policy documents, as well as economic and empirical literature on the link between competition and innovation. The book concludes with a proposed framework for the application of the essential facilities doctrine to potential forms of abuse of dominance relating to data. In addition, it makes suggestions as to how data protection interests can be integrated into competition policy. An invaluable contribution to ongoing academic and policy discussions about how data-related competition concerns should be addressed under competition law, the analysis clearly demonstrates how existing competition tools for market definition and assessment of dominance can be applied to online platforms. It will be of immeasurable value to the many jurists, business persons, and academics concerned with this very timely subject.

Freedom of Religion, Secularism, and Human Rights

Author : Nehal Bhuta
Publisher : Oxford University Press
Page : 298 pages
File Size : 51,8 Mb
Release : 2019-01-24
Category : Law
ISBN : 9780192540096

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Freedom of Religion, Secularism, and Human Rights by Nehal Bhuta Pdf

This interdisciplinary volume examines the relationship between secularism, freedom of religion and human rights in legal, theoretical, historical and political perspective. It brings together chapters from leading scholars of human rights, law and religion, political theory, religious studies and history, and provides insights into the state of the debate about the relationship between these concepts. Comparative in orientation, its chapters draw on constitutional and political discourses and experience not only from Western Europe and the United States, but also from India, the Arab world, and Malaysia.

The Delusions of Crowds

Author : William J. Bernstein
Publisher : Grove Press
Page : 491 pages
File Size : 45,9 Mb
Release : 2021-02-23
Category : Psychology
ISBN : 9780802157119

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The Delusions of Crowds by William J. Bernstein Pdf

This “disturbing yet fascinating” exploration of mass mania through the ages explains the biological and psychological roots of irrationality (Kirkus Reviews). From time immemorial, contagious narratives have spread through susceptible groups—with enormous, often disastrous, consequences. Inspired by Charles Mackay’s nineteenth-century classic Memoirs of Extraordinary Popular Delusions and the Madness of Crowds, neurologist and author William Bernstein examines mass delusion through the lens of current scientific research in The Delusions of Crowds. Bernstein tells the stories of dramatic religious and financial mania in western society over the last five hundred years—from the Anabaptist Madness of the 1530s to the dangerous End-Times beliefs that pervade today’s polarized America; and from the South Sea Bubble to the Enron scandal and dot com bubbles. Through Bernstein’s supple prose, the participants are as colorful as their “desire to improve one’s well-being in this life or the next.” Bernstein’s chronicles reveal the huge cost and alarming implications of mass mania. He observes that if we can absorb the history and biology of this all-too-human phenomenon, we can recognize it more readily in our own time, and avoid its frequently dire impact.

The Neoliberal Age?

Author : Aled Davies,Ben Jackson,Florence Sutcliffe-Braithwaite
Publisher : UCL Press
Page : 396 pages
File Size : 47,9 Mb
Release : 2021-12-07
Category : History
ISBN : 9781787356856

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The Neoliberal Age? by Aled Davies,Ben Jackson,Florence Sutcliffe-Braithwaite Pdf

The late twentieth and early twenty-first centuries are commonly characterised as an age of ‘neoliberalism’ in which individualism, competition, free markets and privatisation came to dominate Britain’s politics, economy and society. This historical framing has proven highly controversial, within both academia and contemporary political and public debate. Standard accounts of neoliberalism generally focus on the influence of political ideas in reshaping British politics; according to this narrative, neoliberalism was a right-wing ideology, peddled by political economists, think-tanks and politicians from the 1930s onwards, which finally triumphed in the 1970s and 1980s. The Neoliberal Age? suggests this narrative is too simplistic. Where the standard story sees neoliberalism as right-wing, this book points to some left-wing origins, too; where the standard story emphasises the agency of think-tanks and politicians, this book shows that other actors from the business world were also highly significant. Where the standard story can suggest that neoliberalism transformed subjectivities and social lives, this book illuminates other forces which helped make Britain more individualistic in the late twentieth century. The analysis thus takes neoliberalism seriously but also shows that it cannot be the only explanatory framework for understanding contemporary Britain. The book showcases cutting-edge research, making it useful to researchers and students, as well as to those interested in understanding the forces that have shaped our recent past.