Game Theory & the Transformation of Family Law

A New Bargaining Model for Attorneys and Mediators to Optimize Outcomes For

Author: Kenneth H. Waldron,Allan Koritzinsky

Publisher: BookBaby

ISBN: 1936268957

Category: Law

Page: 245

View: 998

In this groundbreaking book, principles derived from game theory are applied to family law, an arena often plagued by bitterness and what appears to be irrational behavior. The principles of game theory—the scientific study of how and why people make decisions—lends itself to the practice of family law in our traditional divorce system, one that often leads to rational but self-defeating, sometimes destructive decision-making. The authors propose a new approach lawyers and mediators can use to: improve success rates optimize outcomes for both parties decrease conflict divide property determine custody arrangements establish constructive coparenting relationships Revolutionize your understanding of family law. Learn how utilizing the mathematical principles of game theory can help you, as a legal professional, to create enhanced outcomes for your clientsenhanced outcomes for your clients, their families, processes between attorneys, and your business. The whole family, and especially the children, will benefit.
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Eurolegalism

Author: R. Daniel Kelemen

Publisher: Harvard University Press

ISBN: 0674061055

Category: Political Science

Page: 378

View: 5411

Despite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.
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Law and the Transformation of Aztec Culture, 1500-1700

Author: Susan Kellogg

Publisher: University of Oklahoma Press

ISBN: 9780806136851

Category: History

Page: 285

View: 9484

In this book, Susan Kellogg explains how Spanish law served as an instrument of cultural transformation and adaptation in the lives of Nahuatl-speaking peoples during the years 1500-1700 - the first two centuries of colonial rule. She shows that law had an impact on numerous aspects of daily life, especially gender relations, patterns of property ownership and transmission, and family and kinship organization. Based on a wide array of local-level Spanish and Nahuatl documentation and an intensive analysis of seventy-three lawsuits over property involving Indians residing in colonial Mexico City (Tenochtitlan), this work reveals how legal documentation offers important clues to attitudes and perceptions. Although Kellogg's analysis reflects contemporary and theoretical developments in social and literary theory, it also applies a unique ethnographic and textual approach to the subject.
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Princes of the Yen

Japan's Central Bankers and the Transformation of the Economy

Author: Richard Werner

Publisher: Routledge

ISBN: 131746219X

Category: Education

Page: 384

View: 9173

This eye-opening book offers a disturbing new look at Japan's post-war economy and the key factors that shaped it. It gives special emphasis to the 1980s and 1990s when Japan's economy experienced vast swings in activity. According to the author, the most recent upheaval in the Japanese economy is the result of the policies of a central bank less concerned with stimulating the economy than with its own turf battles and its ideological agenda to change Japan's economic structure. The book combines new historical research with an in-depth behind-the-scenes account of the bureaucratic competition between Japan's most important institutions: the Ministry of Finance and the Bank of Japan. Drawing on new economic data and first-hand eyewitness accounts, it reveals little known monetary policy tools at the core of Japan's business cycle, identifies the key figures behind Japan's economy, and discusses their agenda. The book also highlights the implications for the rest of the world, and raises important questions about the concentration of power within central banks.
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Law and Revolution in South Africa

uBuntu, Dignity, and the Struggle for Constitutional Transformation

Author: Drucilla Cornell

Publisher: Fordham University Press

ISBN: 0823257606

Category: Philosophy

Page: 224

View: 4715

The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.
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Theologians and Contract Law

The Moral Transformation of the Ius Commune (ca. 1500-1650)

Author: Wim Decock

Publisher: Martinus Nijhoff Publishers

ISBN: 9004232842

Category: Law

Page: 724

View: 5631

In "Theologians and Contract Law," Wim Decock offers an account of the moral roots of modern contract law. He explains why theologians in the sixteenth and seventeenth centuries built a systematic contract law around the principles of freedom and fairness.
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The Purse and the Sword

The Trials of Israel's Legal Revolution

Author: Haim Watzman

Publisher: Oxford University Press

ISBN: 0190278501

Category: Courts of last resort

Page: 416

View: 7677

" The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches. "--
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Bad Kids

Race and the Transformation of the Juvenile Court

Author: Barry C. Feld,Centennial Professor of Law Barry C Feld

Publisher: Oxford University Press, USA

ISBN: 0195097874

Category: Law

Page: 374

View: 3490

Traces the evolution of the juvenile court from its inception in the early 1900s, with an emphasis on the past three decades.
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Frontiers of Legal Theory

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674013605

Category: Law

Page: 453

View: 2305

The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.
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Beyond Individual Choice

Teams and Frames in Game Theory

Author: Michael Bacharach

Publisher: Princeton University Press

ISBN: 0691186316

Category: Business & Economics

Page: N.A

View: 6204

Game theory is central to modern understandings of how people deal with problems of coordination and cooperation. Yet, ironically, it cannot give a straightforward explanation of some of the simplest forms of human coordination and cooperation--most famously, that people can use the apparently arbitrary features of "focal points" to solve coordination problems, and that people sometimes cooperate in "prisoner's dilemmas." Addressing a wide readership of economists, sociologists, psychologists, and philosophers, Michael Bacharach here proposes a revision of game theory that resolves these long-standing problems. In the classical tradition of game theory, Bacharach models human beings as rational actors, but he revises the standard definition of rationality to incorporate two major new ideas. He enlarges the model of a game so that it includes the ways agents describe to themselves (or "frame") their decision problems. And he allows the possibility that people reason as members of groups (or "teams"), each taking herself to have reason to perform her component of the combination of actions that best achieves the group's common goal. Bacharach shows that certain tendencies for individuals to engage in team reasoning are consistent with recent findings in social psychology and evolutionary biology. As the culmination of Bacharach's long-standing program of pathbreaking work on the foundations of game theory, this book has been eagerly awaited. Following Bacharach's premature death, Natalie Gold and Robert Sugden edited the unfinished work and added two substantial chapters that allow the book to be read as a coherent whole.
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Contexts of Justice

Political Philosophy Beyond Liberalism and Communitarianism

Author: Rainer Forst

Publisher: Univ of California Press

ISBN: 0520232259

Category: Philosophy

Page: 346

View: 3479

"Contexts of Justice is a study that covers and definitely exhausts the whole range of ten years of one of the most important recent philosophical discussions, that between liberals and communitarians."—Jürgen Habermas, author of Structural Transformation of the Public Sphere "Forst addresses with great insight and acuity the debates over justice between liberals and communitarians that animated the late '80s and '90s...He uses no jargon, he reasons well, his arguments are strong, clear, and accesssible, and he avoids political correctness as well as its opposite."—Andrew Arato, author of Civil Society, Constitution, and Legitimacy
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No Child Left Behind and the transformation of federal education policy, 1965-2005

Author: Patrick J. McGuinn

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Education

Page: 260

View: 6196

Education is intimately connected to many of the most important and contentious questions confronting American society, from race to jobs to taxes, and the competitive pressures of the global economy have only enhanced its significance. Elementary and secondary schooling has long been the province of state and local governments; but when George W. Bush signed into law the No Child Left Behind Act in 2002, it signaled an unprecedented expansion of the federal role in public education. This book provides the first balanced, in-depth analysis of how No Child Left Behind (NCLB) became law. Patrick McGuinn, a political scientist with hands-on experience in secondary education, explains how this happened despite the country's long history of decentralized school governance and the longstanding opposition of both liberals and conservatives to an active, reform-oriented federal role in schools. His book provides the essential political context for understanding NCLB, the controversies surrounding its implementation, and forthcoming debates over its reauthorization. Using education as a case study of national policymaking, MacGuinn also shows how the struggle to define the federal role in school reform took center stage in debates over the appropriate role of the government in promoting opportunity and social welfare. He places the evolution of the federal role in schools within the context of broader institutional, ideological, and political changes that have swept the nation since the 1965 Elementary and Secondary Education Act, chronicles the concerns raised by the 1983 report A Nation at Risk, and shows how education became a major campaign issue for both parties in the 1990s. McGuinn arguesthat the emergence of swing issues such as education can facilitate major policy change even as they influence the direction of wider political debates and partisan conflict. McGuinn traces the Republican shift from seeking to eliminate the U.S. Department of Education to embracing federal leadership in school reform, then details the negotiations over NCLB, the forces that shaped its final provisions, and the ways in which the law constitutes a new federal education policy regime--against which states have now begun to rebel. He argues that the expanded federal role in schools is probably here to stay and that only by understanding the unique dynamics of national education politics will reformers be able to craft a more effective national role in school reform.
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High Conflict People in Legal Disputes

Author: Bill Eddy

Publisher: BookBaby

ISBN: 1936268752

Category: Law

Page: 260

View: 3545

People with high conflict personalities (HCPs) clog our courts as plaintiffs with inappropriate claims against their personal "targets of blame," and as defendants who have harmed others and need to be stopped. Everybody knows someone with a High Conflict Personality. "How can he be so unreasonable?" "Why does she keep fighting? Can't she see how destructive she is?" "Can you believe they're going to court over ______?" Some HCPs are more difficult than others, but they tend to share a similar preoccupation with blame that drives them into one dispute after another—and keeps everyone perplexed about how to deal with them. Using case examples and an analysis of the general litigation and negotiation behaviors of HCPs, this book helps make sense of the fears that drive people to file lawsuits and complaints. It provides insight for containing their behavior while managing and/or resolving their disputes. Characteristics of the five "high-conflict" personality disorders are explored: Borderline Narcissistic Histrionic Paranoid Antisocial Bill Eddy is a lawyer, therapist, mediator, and President of the High Conflict Institute. He developed the "High Conflict Personality" theory and is an international expert on the subject. He is a Certified Family Law Specialist and Senior Family Mediator at the National Conflict Resolution Center. He has taught at the University of San Diego School of Law, is on the part-time faculty of the Straus Institute for Dispute Resolution at the Pepperdine University School of Law and the National Judicial College, and lectures at Monash University in Australia.
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Economic Analysis of Families and Society

The Transformation of Japanese Society and Public Policies

Author: Shinji Yamashige

Publisher: Springer

ISBN: 4431559094

Category: Political Science

Page: 229

View: 9721

This book, based on economics and game theory, analyzes the changes that Japan is now facing as a reflection of changes in Japanese families and society. The author presents a simple framework for the structural relationship among markets, communities including families, and the state; and uses it to explain the changes that have occurred in Japanese society. Social changes have created a series of social problems such as population ageing, poverty, and regional disparities, which require changes in public policies. The book provides readers with rich information about the Japanese social security system, social policies and regional policies by explaining why they are developed, how they are designed, and what challenges they face. Readers will find that the transformation of Japanese society is not really a special case but a fairly common one that many developed countries have experienced and many developing countries are going to experience. The book will be useful not only to those who are interested in Japanese society and public policies but also to anyone who is interested in the transformations of families, communities, and roles of the state in a modern market economy.
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Smart Technologies and the End(s) of Law

Novel Entanglements of Law and Technology

Author: Mireille Hildebrandt

Publisher: Edward Elgar Publishing

ISBN: 1849808775

Category: Law

Page: 304

View: 3431

This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and
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The Transformation of Title IX

Regulating Gender Equality in Education

Author: R. Shep Melnick

Publisher: Brookings Institution Press

ISBN: 0815732406

Category: Education

Page: 336

View: 1687

One civil rights-era law has reshaped American society—and contributed to the country's ongoing culture wars Few laws have had such far-reaching impact as Title IX of the Education Amendments of 1972. Intended to give girls and women greater access to sports programs and other courses of study in schools and colleges, the law has since been used by judges and agencies to expand a wide range of antidiscrimination policies—most recently the Obama administration’s 2016 mandates on sexual harassment and transgender rights. In this comprehensive review of how Title IX has been implemented, Boston College political science professor R. Shep Melnick analyzes how interpretations of "equal educational opportunity" have changed over the years. In terms accessible to non-lawyers, Melnick examines how Title IX has become a central part of legal and political campaigns to correct gender stereotypes, not only in academic settings but in society at large. Title IX thus has become a major factor in America's culture wars—and almost certainly will remain so for years to come.
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The Inclusion Paradox - 2nd Edition

The Obama Era and the Transformation of Global Diversity

Author: Andrés T. Tapia

Publisher: BookBaby

ISBN: 098909801X

Category: Business & Economics

Page: 436

View: 3891

Dramatically changing demographics are upending politics, marketplaces, and workplaces. In this Second Edition of The Inclusion Paradox: The Obama Era and the Transformation of Global Diversity, Andrés T. Tapia, President of Diversity Best Practices and former Chief Diversity Officer for a global firm, examines how today’s hyper-diverse world of the Obama Era is transforming policy agendas, marketplace penetration, and workforce management -- and what those changes mean for our future. With its more than fifty new pages of updated facts, figures, and current event references, in this Second Edition, Tapia explores not the political implications, but rather the cultural implications of what it takes to move into the next generation of diversity work to grow business and attract and retain the best talent. He makes the case that the work of diversity and inclusion has never been more urgent, particularly as everything has globalized at a massive scale. But nations and companies are woefully and dangerously unprepared for this diversity. Because it’s one thing to acknowledge the diversity already here, quite another to make the most out of it. “Diversity is the mix. Inclusion is making the mix work” is what Author Andres T. Tapia says about this reality. Which means that inclusion is hard. Very hard. Harder than diversity itself. Inclusion defines the challenge all leaders face as they address the dramatic shifts of diversity --racial, ethnic, generational, gender, sexual orientation, faith, personality, nationality, and on -- in our workplaces and communities. As author Tapia writes in one of his pivotal chapters, not being able to manage these differences well is leading us all to ask about others, “Are You Evil, a Moron, or Just Plain Incompetent?” The key, therefore, to facing these diversity and inclusion challenges is developing the skills and abilities to, while still nurturing our commonalities, to constructively know how to surface our differences so we can treat others not as we would like to be treated, but as they would like to be treated.
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The Ecology of Law

Toward a Legal System in Tune with Nature and Community

Author: Fritjof Capra,Ugo Mattei

Publisher: Berrett-Koehler Publishers

ISBN: 1626562083

Category: Law

Page: 240

View: 630

WINNER OF THE 2015 IBPA BENJAMIN FRANKLIN AWARD IN POLITICS/CURRENT EVENTS The Ecology of Law Fritjof Capra and Ugo Mattei argue that at the root of many of the environmental, economic, and social crises we face today is a legal system based on an obsolete worldview. Capra, a bestselling author, physicist, and systems theorist, and Mattei, a distinguished legal scholar, explain how, by incorporating concepts from modern science, the law can become an integral part of bringing about a better world, rather than facilitating its destruction. This is the first book to trace the fascinating parallel history of law and science from antiquity to modern times, showing how the two disciplines have always influenced each other—until recently. In the past few decades, science has shifted from seeing the natural world as a kind of cosmic machine best understood by analyzing each cog and sprocket to a systems perspective that views the world as a vast network of fluid communities and studies their dynamic interactions. The concept of ecology exemplifies this approach. But law is stuck in the old mechanistic paradigm: the world is simply a collection of discrete parts, and ownership of these parts is an individual right, protected by the state. Capra and Mattei show that this has led to overconsumption, pollution, and a general disregard on the part of the powerful for the common good. Capra and Mattei outline the basic concepts and structures of a legal order consistent with the ecological principles that sustain life on this planet. This is a profound and visionary reconceptualization of the very foundations of the Western legal system, a kind of Copernican revolution in the law, with profound implications for the future of our planet.
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The Conceptual Foundations of Transitional Justice

Author: Colleen Murphy

Publisher: Cambridge University Press

ISBN: 1107085470

Category: Law

Page: 228

View: 2924

This accessible book analyses transitional justice and discusses how it differs from retributive, corrective, and distributive justice.
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