-
Takings: Private Property Under the Power of Eminent Domain
Richard A. Epstein
If legal scholar Richard Epstein is right, then the New Deal is wrong, if not unconstitutional. Epstein reaches this sweeping conclusion after making a detailed analysis of the eminent domain, or takings, clause of the Constitution, which states that private property shall not be taken for public use without just compensation. In contrast to the other guarantees in the Bill of Rights, the eminent domain clause has been interpreted narrowly. It has been invoked to force the government to compensate a citizen when his land is taken to build a post office, but not when its value is diminished by a comprehensive zoning ordinance. Epstein argues that this narrow interpretation is inconsistent with the language of the takings clause and the political theory that animates it. He develops a coherent normative theory that permits us to distinguish between permissible takings for public use and impermissible ones. He then examines a wide range of government regulations and taxes under a single comprehensive theory. He asks four questions: What constitutes a taking of private property? When is that taking justified without compensation under the police power? When is a taking for public use? And when is a taking compensated, in cash or in kind? Zoning, rent control, progressive and special taxes, workers’ compensation, and bankruptcy are only a few of the programs analyzed within this framework. Epstein’s theory casts doubt upon the established view today that the redistribution of wealth is a proper function of government. Throughout the book he uses recent developments in law and economics and the theory of collective choice to find in the eminent domain clause a theory of political obligation that he claims is superior to any of its modern rivals.
-
Labor Law and the Employment Market: Foundations and Applications
Richard A. Epstein and Jeffrey Paul
Conference papers on labour law, labour relations and the labour market in the USA—discusses the labour contract and termination of employment; comments on economic implications of labour law relating to trade unions, as well as individual workers rights and collective trade union rights; outlines some differences between labour markets, financial markets and corporate law; studies the work of comparable worth concept in the Equal Pay Act and antidiscrimination legislation; as well as UK labour law, and racial discrimination effects earlier laws.
-
Civil Procedure
Jack H. Friedenthal, Mary Kay Kane, and Arthur R. Miller
This handbook, created law students, paralegals, professional fiduciaries and lawyers, offers a detailed, comprehensive treatment of the basic rules and principles of civil procedure. All of the subjects covered are likely to be presented in first year law school courses in civil procedure. It teaches what civil procedure is and how it is used in a court of law. Civil procedure is a system consisting of a set of general elements, devices and policies. Topics are presented as they occur in civil law practice: subject matter and personal jurisdiction and challenges to it; framing the issues to be tried; the parties; discovery; pretrial conference; trial preparation and process; verdicts and judgments: their binding effect, enforcement and review on appeal. The last chapter addresses specialized civil proceedings including class actions, derivative lawsuits and interpleader actions.
-
Punishment and Welfare: A History of Penal Strategies
David W. Garland
This book is an original and significant contribution to the study of punishment, criminal justice and social regulation. Intended as an in-depth analysis and critique of the contradictions which affect contemporary penal policy, it traces the historical development and social significance of penal strategies, linking them to the social institutions and ideologies which they support. In the course of this investigation the book explores the relation of punishment to politics, the historical formation and development of criminology, and the way in which penal reform grew out of complex set of political projects which founded the modern ‘Welfare State’. Its analyses powerfully illuminate many of the central problems of contemporary penal policy, demonstrating how these problems grew out of the political positions and theoretical compromises which were established in the first years of the twentieth century. Punishment and Welfare deals with issues and events which have previously been neglected or misunderstood, and its arguments effectively disrupt both the old and the new orthodoxies of penal history. In particular it takes issue with those conventional penologies which describe penal reform as a beneficial product of enlightenment and welfarism, while also showing the more sophisticated arguments of Michel Foucault and his followers to be misconceived in other respects. In conducting this investigation the author has developed a method of research which combines detailed historical and textual analysis with a broader sociological vision, thus synthesizing two forms of analysis which are more often developed in isolation. The book will be of value to those working in penology, criminology and social administration, as well as to philosophers, historians and those working in the penal institutions of the welfare state.
-
Regulation of Lawyers: Problems of Law and Ethics
Stephen Gillers and Norman Dorsen
Titles like “Professional Responsibility” and “Legal Ethics” do not adequately describe the subject matter of this book. It is a book about the legal profession and about the practice of law. But the book goes beyond the legal rules governing the practice of law and include rules contained in ethical codes and, to a lesser extent, behavior that springs from custom and experience. These laws, ethical rules, and customs can be discussed from three perspective. Perhaps more immediate for those about to enter on a legal career are the rules that constrain working lawyers. In such areas as competence, gees, advertising and solicitation, client secrets, conflicts of interest, negotiation, and the attorney-client relationship: what may you do, how may you behave, with confidence that your conduct will not land you before a disciplinary committee or in a civil lawsuit and, sometimes more important, will not damage your reputation among your peers? The second perspective of the course is the relationship between profession and society. The rules lawyers impose on themselves or that are imposed on them, taken together, define the nature and operation of the profession as an entity, and therefore, to an extent, the behavior of our legal institutions and the quality of our social justice. For example, a rule that allows lawyers to advertise certain kinds of information will influence the conduct of individual members of the bar. But it will also affect whether, and how, large categories of people use lawyers and the size of legal fees. Similarly, a rule that prohibits or requires a lawyer to reveal certain kinds of information about a client will control the lawyer’s conduct, but it will also affect which client populations use lawyers and how. In short, nearly every rule, whatever its source, has social and political consequences, although there is often disagreement both over what these consequences will be and whether they should be avoided or encouraged. About to go off into law practice, you may be more interested in such questions as: "How do I behave?” and “How can I stay out of trouble?” than in asking “What are the consequences to society and justice if one or another of a particular ethical rule is applied to America’s two-thirds of a million lawyers?” Still, the last question is important and, if not as immediate, will from time to time arise in the course of your professional life. Both kinds of questions, but more so the second, engender different, and sometimes vehement, responses. Why? In part because to answer them we must call upon political and moral values more fundamental than the “ethics” that inform various codes; and, of course, political and moral values of different people differ substantially, sometimes diametrically. Furthermore, in addressing these questions, we are likely to make a threshold determination, conscious or not, of the extent to which we want the answers to further our self-interest. However we couch our responses, in truth whose best interest do we mean to protect? Those of society generally? The legal profession’s? The interests of lawyers in practices like the one we have or expect to have? Those of the particular client population we serve? Our firm’s? Our own? Law school and law practice, it is sometimes said, encourage more rather than less self-interest in addressing the kinds of questions that will be raised here. At the outset we wrote that rules governing the practice of law can be discussed from three perspectives and we have so far listed two. The third is the effect of lawyers’ work on the people who do the work, that is, the effect of role on self. For example, a rule that requires silence though it means that another will suffer injustice may cause discomfort to those who must obey it. As men and women, we consider it laudable to speak up to prevent injustice to others. As lawyers, we may be forbidden to do so. Can we reconcile these two positions, not intellectually or theoretically, but personally, within ourselves? A similar point can be made with regard to the rule that requires lawyers zealously to pursue the lawful foals of their clients, even if these goals (or the legal strategies to achieve them) offend the lawyer’s values. Little has been written on the effect of role on self in the context of lawyers’ work; we shall consider some of what there is in the first and final chapters and occasionally elsewhere in the book.
-
The Rights of Young People
Martin Guggenheim and Alan Sussman
The laws affecting young people of all ages are complex, controversial, and have changed rapidly over the past twenty years. The rights of a minor in trouble may differ dramatically from those of an adult from the moment of arrest to the sentence imposed. Recent cases have also changed laws in the areas of child abuse and neglect, foster care, adoption, and the termination of parental rights. Further, special laws often govern a young person's right to medical treatment, contraceptive devices, and abortion. Clearly written and authoritative, this is an essential reference book not only for young people themselves, but for all concerned parents, educators, and social and health care professionals.
-
American Domestic Priorities: An Economic Appraisal
John M. Quigley and Daniel L. Rubinfeld
Domestic programs and their budgetary implications will be scrutinized closely during the 99th Congress and the second term of the Reagan administration. Can further cuts in these programs reduce massive federal deficits? Or must spending cuts be made either in social security entitlements or in defense appropriations? Can the Reagan administration succeed in shifting many public functions from the federal government to the states? Would such transfers affect public support for these programs? Is a shift away from federal responsibility and control desirable? A forthright evaluation of domestic programs was conspicuously absent during the recent election campaign. Public debate about domestic priorities during the fall of 1984 was partisan and political, with ideological statements and misinformation the rule rather than the exception. In contrast, the urgency of the issue of the federal deficit, and of the unusually high interest rates the deficits cause, will now require elected officials to pay close attention to details of the domestic budget in defining public priorities for the next term. This will require facts about program operation, analysis of program outcomes, and knowledge of the budgetary consequences of policy alternatives. This book provides the kind of analysis needed for this crucial debate about federal policy. It offers a serious and in-depth evaluation of domestic programs and priorities, with coverage of a broad range of issues, from education and welfare to urban transportation, from housing policy to environmental regulation. It supplies a framework for assessing the proposals of the New Federalism and the consequences of continued trade deficits. This book presents the views of a group of nationally prominent economists, including many who have served in policymaking positions in the administrations of both parties. It carefully summarizes the recent history of government policies and their outcomes. The authors review program priorities and offer proposals for the future. The analysis is addressed to a wide audience and is enriched by lively commentary and discussion by economists knowledgeable about each of the substantive programs. The authors present no unified opinion about what our domestic priorities ought to be. There is, however, a general consensus as to appropriate directions in a number of areas. The analysts clearly sense that we ought to move to less intrusive federal command and control and also to greater state involvement in a number of programs such as transportation, education, and the environment. The New Federalism receives substantial support in many areas, not involving poverty and welfare, from a group of economists who supported a stronger federal role a decade ago. Despite this intellectual shift, the authors present convincing evidence that the Reagan program is really a federal budget-cutting exercise in disguise. They have forceful and controversial ideas about desirable reforms. They believe that substantial reductions in expenditures would adversely affect the quality of domestic programs. The economic perspective of the authors is an important one, given the current policy debate and the budgetary emphasis. Economic analysis of the 1983 federal budget indicates that spending on national defense amounted to $201 billion, and spending on social security, veterans' benefits, and interest came to over $442 billion. With a federal budget of $820 billion and political promises not to cut defense or social security, the administration appears committed to cuts in the remaining $240 billion. It is hard to see how a deficit of roughly $200 billion can be removed by domestic cuts alone. The only options appear to be tax increases, large and growing federal deficits, or blind faith that growth in the economy will alleviate all problems. Economists familiar with programs and outcomes clear up the often confused and confusing facts. For example, authors Sheldon Danziger and Daniel Feaster demonstrate irrefutably that poverty did increase under the first term ofthe Reagan administration. From 1978 to 1983 the poverty rate increased from 11.4 percent to 15.2 percent, while real dollars of federal aid to the poor decreased by more than one percent. Commentator Jennifer Wolch shows that many of those removed from the poverty rolls were in serious need of assistance—these are the “service-dependent" poor, who suffered severely during the first Reagan term. Further budgetary cuts in welfare can only exacerbate their problems, problems which cannot be cured simply by the benefits of a growing economy. Sherman Maisel's economic analysis of housing programs clarifies the effects of current subsidy policies and of the alternative programs proposed by the administration. Housing affordability is a spreading problem, argues Maisel, despite the fact that 75 percent of federal housing subsidies go to the non-poor. John Kain claims that the most pressing domestic social problem in America is discrimination in the housing market. His detailed analysis of the 1980 Census of Housing suggests that some gains have been made in reducing residential segregation. Campaign press releases indicated that student test scores had im- proved as a result of government programs. Economist Richard Murnane provides a detailed analysis of outcomes and program effects. He finds that reading skills of students have improved over the past decade, but that math and science skills have declined substantially. How can this crisis in education be resolved, especially in light of the need for budgetary savings? Murnane argues that the program and its solution lie in the labor market for teachers and suggests some important, but inexpensive, reforms to make it operate more effectively. The economic analyses of domestic programs in this book conclude that there are real opportunities to reduce the federal deficit—by applying the principles of the New Federalism to revenues as well as expenditures in the federal domestic budget, and by reducing and redirecting intergovernmental grants. In fact, recommendations presented here suggest that a large share of the current deficit could be eliminated by such reforms. The detailed discussion and commentary that follows the papers provides thought-provoking and valuable recommendations for action.
-
Environmental Protection Policy
Eckard Rehbinder and Richard B. Stewart
The Florence Integration Through Law Series is the product of a research project centered in the Law Department of the European University Institute, and as such it reflects the research interests of the Department: it is a contextual examination of European legal developments in comparative perspective. In the general introduction to the Series (published in Book One of Volume I), we explained fully the philosophy, methodology and scope of the Project. Here we wish merely to recapitulate some of the principal themes of special relevance to this Volume on Environmental Protection.
-
Free Enterprise and Economic Organization: Government Regulation
Louis B. Schwartz, John J. Flynn, and Harry First
This casebook provides detailed information on free enterprise. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
-
Israel and the Creation of a Palestinian State: A European Perspective
Joseph H. H. Weiler
To many outside observers of the Israeli-Palestinian conflict, there would appear to be one eminently sensible solution: in exchange for recognition and adequate security guarantees, Israel should return the West Bank and the Gaza strip, subject to minor boundary modifications, to the Palestinians (led by a moderate PLO). The Palestinians would then exercise their right to self-determination and establish an independent state with or without a link to Jordan. And yet, this solution has found favor neither with successive Israeli governments nor with the PLO. First published in 1985, Israel and the Creation of a Palestinian State (now with a new preface by the author) analyses the reasons for the rejection of this solution by the protagonists. It then sets up a vision of a possible solution which, by taking account of the subjective fears and aspirations of the parties, may be regarded as more feasible. The author’s vision draws inspiration from the experience of reconstructing a new transnational order in Europe after the ravages of the Second World War. The underlying theme focuses on the limitations of the purely national context as a framework for resolving the current political problems of the Israeli-Palestinian dilemma.
-
The Right to Food
Philip G. Alston and Katarina Tomaševski
At the conclusion of the World Food Conference held in Rome 1974 the governments of the world proclaimed “that within a decade no child will go to bed hungry, that no family will fearforits next day's bread, and that no human being's future and capacities will be stunted by malnutrition”. As that decade comes to a close the tragic reality is that little, if any, progress has been made towards meeting those goals. During the target year of 1984, as during every other year since the Conference, literally millions of children have starved to death, tens of millions have gone to bed hungry and malnutrition continues to afflict hundreds of millions of people in all parts of the world. These statistics make hunger by far the most flagrant and widespread of all serious human rights abuses. Yet, for the most part, it is a problem which has to date been perceived by most (well-fed) policy-makers, academics, human rights activists and others as a painful but inevitable fact of “life”, rather than as an abregation of all that the concept of human rights stands for. The present book is an attempt, for the first time, to make hunger a prominent issue on the international human rights agenda and to put the right to food on the agenda of national and international food agencies. In the first chapter Philip Alston provides an overview of the problem and examines the role of law - past, present and future - in promoting the eradication of hunger and malnutrition. The assumption underlying that analysis, and shared by most if not all other contributors, is that there are significant benefits to be derived from tackling hunger as a human rights issue within the framework of established norms of international law. The question of duties attaching to the right to food, which Alston considers from the standpoint of international law, is further developed from a philosophical perspective by Henry Shue. In a chapter dealing with the broad philosophical aspects of the right to food Amartya Sen establishes its validity as a basic right. This perspective is reinforced by a wide-ranging historical review undertaken by Pierre Spitz in which he shows that even in ancient times both the legitimacy of governments and their hold on power were often dependent on their ability to manage the local food system in the interests of avoiding widespread hunger. He also demonstrates that historically the occurrence of widespread hunger has usually been the result of an abuse of economic or political power. Roger Plant then traces the evolution in recent decades of Latin American policies relevant to the right to food. His analysis emphasizes the potentially explosive consequences of the institutionalized gap between political rhetoric and its legislative embodiment on the one hand and the harsh reality of widespread hunger on the other - a contradiction which has also characterized much of the approach of the international community. Other contributions deal with different aspects of the challenge of giving substance to the right to food through the creative use of law. In addressing the local and national dimensions of that challenge Clarence Dias and James Paul survey some of the practical means by which activist popular organizations can make effective use of available legal resources in order to assert the right to food of local communities. In the chapters dealing with the international dimensions particular emphasis is placed on establishing, from a jurisprudential viewpoint, that economic, social and cultural rights are full-fledged human rights and are not merely vague aspiration of limited hortatory value. This fundamentally important issue is approached from different angles by Fried van Hoof and Guy Goodwin-Gill. Finally, the chapters by Katarina Tomaševski and Gert Westerveen are devoted to the complex but eminently practical issues of how respect for the right to food might effectively be monitored through the use of social indicators and how the right to food-related obligations of states under international law could more effectively be supervised by the international community. In the final analysis, the stakes involved in efforts to give substance to the right to food are immense. Success would mean that the eradication of hunger and malnutrition would become a serious priority concern for all governments for the first time in world history. Failure would mean the continued loss of millions of human lives every year, despite the existence in the world of ample food and other resources with which to avoid such a tragedy. Moreover, if the right to food, as perhaps one of the most basic economic rights is, as a number of critics have claimed, not susceptible of implementation as a human right, then the foundations on which the past—1945 international consensus on human rights have been constructed are invalid - with all the consequences which that would imply. The present volume thus constitutes a modest first step towards the operationalization of economic human rights, beginning with the right to food. The attemps of the authors to deliver their message has been substantively assisted by the possibility to include cartoons of Plantu, Honoré and Bellenger in the book. We are indebted to the three artists and to EIP for the permission ro reprint the cartoons.
-
Cases and Materials on Torts
Richard A. Epstein, Charles O. Gregory, and Harry Kalven Jr.
The fourth edition of this casebook follows by seven years the publication of the third edition, and its appearance marks the 25th year that the book has been used in first year tort classes throughout the nation. That 25 year period has been one of both continuity and change. Many of the traditional problems in the law of tort remain with us in the form in which they were first encountered by early common law lawyers. Yet in other areas we have witnessed major transformations in both the types of cases brought to litigation and in the choice of legal theories used to decide them. In 1959 the paradigm tort action was still the automobile collision. Torts against institutional defendants—products liability, and medical malpractice cases most readily leap to mind—when viewed with the benefit of hindsight, can now be said to have been still in their infancy, while mass actions, such as those involved in the so-called toxic torts lay wholly in the future. Even since 1977 the movement of events has been at a pace that called for substantial revision of the previous edition in order to keep the book suitable for contemporary use. The aims of this casebook are much the same as those of the three previous editions. The primary goal remains one of giving to the student an accurate sense of the current legal position, in this, one of the most active and important branches of the law. But this casebook would fail in its essential mission unless it accomplished two other tasks. First, it should provide the student with an opportunity to examine the processes of legal method and legal reasoning. Second, it should give the student some sense of the different systematic and intellectual approaches that have been taken to the law of torts over the years. The importance of method cannot be underestimated in legal education. A casebook—certainly this casebook—is not a reference book, much less a treatise. The standard legal curriculum, of necessity, touches on only a tiny fraction of the huge and ever growing body of substantive rules, and even many of those will change with time. The education of the lawyer of the future therefore rests on an ability to deal with a mass of legal materials, to identify the underlying assumptions, to determine possible implications for analogous cases, and, above all, to deal with the persistent uncertainty, ambiguity and at times downright confusion in the law. To help with these tasks it is essential to deal with the development of a legal principle over time, through a line of cases that illustrates its application and tests it limits. To that end this casebook contains many cases from the nineteenth century and before, even those which have long ceased to represent the current law. Likewise, in order to capture the nature of legal debate, in many principal cases we have reprinted not only the opinion of the court but that of concurring or dissenting judges. With Rylands v. Fletcher, at page 89, infra, for example, five separate opinions from three different courts are reproduced, because each adds something to the total picture. A sound legal education requires more than attention to analytical skills. The law of torts in particular is one of the richest bodies of law, and it has been examined and explored from historical and philosophical perspectives not only by the common law judges, but also by generations of academic writers. It is essential for all students to gain some sense of the diverse possible approaches to tort law, lest the constant probings of the Socratic method lead to an unhappy intellectual nihilism. The materials selected are designed, wherever possible, to allow torts to be confronted not only as a collection of discrete rules, but also as a systematic intellectual discipline. There is in the tort law today fundamental disagreement about the proper orientation toward its subject matter and about the proper choice of its key substantive rules. Speaking first to the question of general orientation, it is possible to identify there major positions. The traditional view—largely unchallenged until recent years—was to look at the law of torts as a study in corrective justice, as an effort to develop a coherent set of principles to decide whether this plaintiff was entitled to compensation from this defendant as a matter of fairness between the parties. Issues of public policy and social control were of course not absent, but they did not dominate judicial or academic attitudes either to particular cases or to general theory. Today the traditional approach is under attack from two flanks. On the one hand there is renewed insistence, which today is often expressly articulated in the cases, that the compensation of injured parties is in itself a valid end of the tort law, and that the doctrines of tort law that frustrate that objective must be hedged about with limitations or totally eliminated unless strong justification is given for their retention. The older presumption that the plaintiff had to show “good cause” to hold a defendant liable is—crudely speaking—yielding today to a newer presumption that requires the defendant to show why, with harm established, liability should not follow. The major implications of the shift in presumptions are two. Where it was once the dominant sense of the common law that losses from “inevitable accidents” were outside the tort law, toady the view is increasingly that these losses should be shifted by the law first to some particular defendant, and then by use of market mechanisms throughout the society at large. Secondly, defenses based upon plaintiff’s conduct—notable contributory negligence and assumption of risk—have received narrower interpretations in recent years, and by degrees may yet be removed from the substantive law. The second critique of the traditional approach comes from a different quarter, that of economic theory. Looking first at the tort law as a system of social control, advocates of the economic approach have generally argued that the proper function of the tort law is to lay down workable liability rules to create incentives for both individuals and firms to minimize (the sum of) the costs of accidents and the costs of their prevention. In this view of the subject, the compensation of individual parties is not an end in itself, but only a means to enlist private parties to help police, by private action, the harmful activities of others. The economic approach tends to downplay the importance of corrective justice in the individual case and compensation for individual victims of accidents, treating the first as largely incomprehensible and the second as better achieved through voluntary insurance arrangements. Until very recently its importance was largely academic, but today its influence is increasing in the decided cases. The diversity of opinions upon the proper approach to the tort law carries over to disputes about the proper substantive basis of tortious liability. From the earliest times until today courts have entertained three main theories—each subject to many variants—for recovery in tort. There is, first, recovery for harms intentionally inflicted by defendant upon plaintiff. Second, there is recovery for harms negligently—through the want of reasonable or ordinary care—inflicted upon the plaintiff. Lastly, there is recovery under a theory of strict liability, that is, for harms inflicted upon the plaintiff by a defendant who acts without negligence and without any intention to harm. In dealing with these theories it is important to keep in mind several important themes that reassert themselves throughout the law of torts. One set of issues concerns the relationships between the general approach to the law of torts and the choice of specific theories of liability in particular cases. To illustrate: when does concern for corrective justice require the use of a strict liability principle, a negligence principle, or an intentional tort principle? What about theories based upon the need for individual compensation, or upon the importance of the tort law as a means of minimizing accident costs by channeling scarce resources to their most efficient use? Second, it is important to ask what limitations upon recovery are consistent with the basic theories of liability, and with their basic orientation to subject matter. In this connection it is important to ask the extent to which a plaintiff who otherwise makes out a good cause of action should be denied recovery because of, to use the standard classification, his own conduct—be it called contributory negligence or assumption of risk—the conduct of a third party, or an act of God. Finally, it is crucial to consider what might conveniently be termed the “boundary” questions in the law of torts. As stated, any of the three theories of liability—strict liability, negligence liability or liability for intentional harms—could apply to any case involving harm. Why is it, no matter what general orientation is adopted, that one theory is chose for one particular case, while another theory is chosen for another?
-
Selective Incapacitation: Does It Offer More or Less?
Stephen Gillers
Participants considered social science research indicating that a small proportion of offenders commit a large proportion of crimes and that it is possible to distinguish the high-rate serious offenders from the low-rate offenders on the basis of individual characteristics. They noted that concepts of selective incapacitation are reflected in part in current career criminal prosecution programs, in current sentencing, and in special felony offender laws. Nevertheless, participants expressed much skepticism about the ability of social scientists to identify future recidivists accurately. They also voiced concerns about the appropriateness of using employment history and juvenile records in making decisions regarding selective incapacitation, about the potential rate of inaccurate identifications of high-risk offenders, and about policies regarding low-rate violent offenders and high-rate nonviolent offenders. They concluded that the attractiveness of selective incapacitation varies with the availability of resources in that it has been advocated as a way of dealing with funding limitations. Footnotes and list of members of the Council on Criminal Justice.
-
Benjamin Constant and the Making of Modern Liberalism
Stephen Holmes
An active participant in political struggles as well as a theorist of exceptional psychological subtlety, Benjamin Constant helped reshape and revivify Enlightenment liberalism in the aftermath of the French Revolution. Properly situated in their historical context, his writings and speeches are a rich source of insight into the dilemmas of freedom in modern society. Stephen Holmes's book is a splendid historical study of Constant and an original contribution to the current debate about liberalism. According to Holmes, Constant is the political thinker who most incisively challenged the romantic "appeal to antiquity" - the idea that the Greek polis should be the standard by which modern societies are evaluated. Shocked by the Terror, Constant argued that the old res publica conception of politics might easily serve to overlegitimate a bureaucratic agency with police powers. His theories call into question the myth of the irreconcilable conflict between liberalism and democracy even while drawing attention to important distinctions between ancient and modern liberty and between traditional despotism and pseudodemocratic dictatorship.
-
Human Rights in International Law: Legal and Policy Issues
Theodor Meron
The object of this book is to provide teachers and students not only with a textbook dealing with the principal topics in the field of human rights, but also with teaching suggestions, syllabuses, bibliographies, and case studies.
-
Civil Litigation in New York
Oscar G. Chase
Civil litigation in New York is complex and demanding. It calls on such advocacy skills as oral argument, brief writing and cross-examination, but even more does it demand familiarity with the “law” of litigation. The purpose of this book is to help you learn that law in the context in which an advocate must apply it. We hope that you will not only become familiar with the rules of New York practice but that you will develop a sense of how they can be creatively applied. To that end we have included in each chapter litigation problems which are designed to help you put the law into a practical perspective. The problems are based on realistic situations (sometimes on actual cases) and therefore raise the sorts of difficult issues which can arise in the course of any action. Usually, you will find that we have presented the problem prior to the material which bears on it. This will hopefully make the material less abstract and more involving. Many of the problems do not have a single answer which is correct in an absolute sense. As with most legal issues there are various possible solutions, each with its own supporting arguments. Please approach them in that spirit. In keeping with its purposes, the book is organized roughly along the path litigation normally takes, starting with the rules governing the choice of forum. Since there is no route which all lawsuits must follow, and since there are some rules of litigation (e.g., those governing motion practice) which are relevant to several stages of a lawsuit, you should not take the linear organization we have adopted as exemplifying all lawsuits or as an approach you would always follow in practice. Use it, rather, to gain and keep a general sense of litigation as a process with a beginning, middle and clearly defined goal. The variety of paths litigation can take brings us to another point about the study of it. The flexibility of modern civil procedure, including that of New York, allows and therefore requires the lawyer to make frequent tactical choices. Should one make a particular motion? Obtain a provisional remedy? Seek discovery? If so, what kind? How should the pleading be drafted? It is our view that an effective advocate knows what the ethical choices are in every situation and dose his or her best to pick the alternative which will maximize the client’s chances of success. Thus, as you read the cases and problems which follow, we urge you to think about and evaluate the choices that the litigants made. The management of litigation system in pursuit of success is not the only challenge to the student or attorney. Equally fulfilling, if not more so, is participation in the ongoing effort to reform and improve the system. This book goes to press during a period of widespread criticism of civil litigation as a method of resolve disputes. How the system can and should be changed in response to its critics is therefore a particularly timely issue now; there is no doubt that the search for improvement will continue during the professional lifetime of today’s student. Thus, these materials frequently encourage you to step back from the process and ask “How can we make this better?”
-
The Power to Punish: Contemporary Penality and Social Analysis
David W. Garland and Peter Young
The nine essays in this volume develop and use a new mode of analyzing punishment and penal control. They explore both the social and political significance of penal sanctions and their relationship to power, the social structure, and social change.
-
Criminal Law and Its Processes: Cases and Materials
Sanford H. Kadish, Stephen J. Schulhofer, and Monrad G. Paulsen
Prior edition of Criminal Law and Its Processes: Cases and Materials
-
Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell
Arthur R. Miller and Michael H. Davis
Study aid on copyright, patents and trademark.
-
Free Enterprise and Economic Organization: Antitrust
Louis B. Schwartz, John J. Flynn, and Harry First
This casebook provides detailed information on antitrust. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
-
Problems in Antitrust
Louis B. Schwartz, John J. Flynn, and Harry First
The problems in this book were originally designed for use with our casebook, Free enterprise and economic organization: antitrust (6th edition, 1983).
-
Accounting and Financial Disclosure: A Guide to Basic Concepts
Stanley Siegel and David A. Siegel
Accounting has been called the language of business, the medium of communication by which enterprises of all forms report on their performance and status to investors, creditors, government and the general public. Knowledge of accounting is essential in order to understand the financial reports of enterprises because, like other languages, it loses much in translation. But accounting is more than merely a language; it is also a profession, a process and a powerful analytical tool. Therefore no single text can hope to train its readers to be accountants, and this text makes no attempt to achieve that result. Nevertheless, our object is ambitious. We seek nothing less than to make our readers fluent in accounting: familiar with its vocabulary, conversant with the structure and meaning of financial information and aware of the strengths and limitations of the accounting process. We have intentionally avoided the traditional textbook emphasis on the mechanical aspects of bookkeeping. Indeed, the fifteen chapter of this book contain the terms debit and credit in only a single paragraph. However, we have provided an appendix for readers who wish to study the elements of bookkeeping, from original entry of financial transactions through closing of the books and preparation of financial statements. This text brings together the central themes of accounting, beginning with the fundamental structure of the financial statements and professing though the major elements of accounting theory. We have included detailed discussion of the areas critical to income determination, including inventories and depreciation. Chapters are devoted to analysis of financial statements and cash flow. The subject of reliability of financial information is introduced in a chapter on auditing and is further examined in a chapter on accountants’ liabilities. Since accounting has relevance to the activities of all businesses and professions, we have attempted to be universal in our discussion. The chapters that deal with legal matters are therefore important not only to lawyers and law students, but to all readers who wish to understand the setting in which financial statements are issued and used. Throughout the text, we have sought to answer the questions that are usually asked by readers of financial statements. For example, the effects of inflation are the subject of an entire chapter, as are the problems of income tax accounting. Wherever possible, we have avoided over-simplification. As a result, some sections will prove to be challenging reading. We have also avoided unnecessary detail. Our approach is expository; with rare exceptions we have left reference materials for the end of each chapter, rather than interrupting the discussion with citations and footnotes. This text is designed for use by students and professionals alike. It may be used as a principal or supplementary text for courses in accounting, or as a supplement to courses on business associations, taxation, finance and business planning. It should also be helpful to attorneys and other professionals who wish to learn accounting independently. We hope that this book will provide to its readers a broad understanding of the processes of financial reporting and the uses and limitations of accounting.
-
Agency, Associations, Employment, and Partnerships: Cases, Statutes and Analysis
Alfred F. Conard, Robert L. Knauss, and Stanley Siegel
Prior edition of Agency, Associations, Employment, and Partnerships: Cases, Statutes and Analysis.
Printing is not supported at the primary Gallery Thumbnail page. Please first navigate to a specific Image before printing.
