University of Chicago Law Review: Volume 81, Number 4 - Fall 2014

Author: University of Chicago Law Review

Publisher: Quid Pro Books

ISBN: 1610278585

Category: Law

Page: 686

View: 2369

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The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.
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University of Chicago Law Review: Volume 81, Number 3 - Summer 2014

Author: University of Chicago Law Review

Publisher: Quid Pro Books

ISBN: 161027850X

Category: Law

Page: 598

View: 3355

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The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman 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 students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. 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.
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University of Chicago Law Review: Volume 81, Number 2 - Spring 2014

Author: University of Chicago Law Review

Publisher: Quid Pro Books

ISBN: 1610278658

Category: Law

Page: 440

View: 2715

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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.
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American Judicial Process

Myth and Reality in Law and Courts

Author: Pamela C. Corley,Artemus Ward,Wendy L. Martinek

Publisher: Routledge

ISBN: 113628656X

Category: Political Science

Page: 474

View: 4835

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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.
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Public Policy in International Economic Law

The ICESCR in Trade, Finance, and Investment

Author: Diane Desierto

Publisher: OUP Oxford

ISBN: 0191026484

Category: Law

Page: 432

View: 5693

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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.
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Military Transition in Early Modern Asia, 1400-1750

Cavalry, Guns, Government and Ships

Author: Kaushik Roy

Publisher: Bloomsbury Publishing

ISBN: 1780938004

Category: History

Page: 288

View: 9757

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A substantial amount of work has been carried out to explore the military systems of Western Europe during the early modern era, but the military trajectories of the Asian states have received relatively little attention. This study provides the first comparative study of the major Asian empires' military systems and explores the extent of the impact of West European military transition on the extra-European world. Kaushik Roy conducts a comparative analysis of the armies and navies of the large agrarian bureaucratic empires of Asia, focusing on the question of how far the Asian polities were able to integrate gunpowder weapons in their military systems. Military Transition in Early Modern Asia, 1400-1750 offers important insights into the common patterns in war making across the region, and the impact of firearms and artillery.
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The Rule of Nobody: Saving America from Dead Laws and Broken Government

Author: Philip K. Howard

Publisher: W. W. Norton & Company

ISBN: 0393242110

Category: Law

Page: 224

View: 1079

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The secret to good government is a question no one in Washington is asking: “What’s the right thing to do?” What’s wrong in Washington is deeper than you think. Yes, there’s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, “What’s the right thing to do here?” Instead, they wonder, “What does the rule book say?” There’s a fatal flaw in America’s governing system—trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people—by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people—officials and citizens alike—the freedom to be practical. Rules can’t accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers’ vision of public law—setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.
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Damned Nation

Hell in America from the Revolution to Reconstruction

Author: Kathryn Gin Lum

Publisher: Oxford University Press

ISBN: 0199375186

Category: Religion

Page: 328

View: 8039

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Among the pressing concerns of Americans in the first century of nationhood were day-to-day survival, political harmony, exploration of the continent, foreign policy, and--fixed deeply in the collective consciousness--hell and eternal damnation. The fear of fire and brimstone and the worm that never dies exerted a profound and lasting influence on Americans' ideas about themselves, their neighbors, and the rest of the world. Kathryn Gin Lum poses a number of vital questions: Why did the fear of hell survive Enlightenment critiques in America, after largely subsiding in Europe and elsewhere? What were the consequences for early and antebellum Americans of living with the fear of seeing themselves and many people they knew eternally damned? How did they live under the weighty obligation to save as many souls as possible? What about those who rejected this sense of obligation and fear? Gin Lum shows that beneath early Americans' vaunted millennial optimism lurked a pervasive anxiety: that rather than being favored by God, they and their nation might be the object of divine wrath. As time-honored social hierarchies crumbled before revival fire, economic unease, and political chaos, "saved" and "damned" became as crucial distinctions as race, class, and gender. The threat of damnation became an impetus for or deterrent from all kinds of behaviors, from reading novels to owning slaves. Gin Lum tracks the idea of hell from the Revolution to Reconstruction. She considers the ideas of theological leaders like Jonathan Edwards and Charles Finney, as well as those of ordinary women and men. She discusses the views of Native Americans, Americans of European and African descent, residents of Northern insane asylums and Southern plantations, New England's clergy and missionaries overseas, and even proponents of Swedenborgianism and annihilationism. Damned Nation offers a captivating account of an idea that played a transformative role in America's intellectual and cultural history.
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