The Canon of American Legal Thought

Author: David Kennedy,William W. Fisher III

Publisher: Princeton University Press

ISBN: 0691186421

Category: Law

Page: 925

View: 7958

This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.

Geistiges Eigentum und Eigentumstheorie

Rekonstruktion der Begründung von Eigentum an immateriellen Gütern anhand der US-amerikanischen Eigentumstheorie

Author: Michael Goldhammer

Publisher: Mohr Siebeck

ISBN: 9783161509933

Category: Law

Page: 458

View: 9781

English summary: The justification of intellectual property is highly controversial. In reconstructing the American theory of property, Michael Goldhammer shows how the ownership of intangible property can be justified. The dependance of the justification on the basic terminology is embedded in a two-tiered theory of property and has been tested in practice in numerous cases. German description: Um die Grunde des geistigen Eigentums wird in den verschiedenen Eigentumswissenschaften heftig gestritten. Dies ist fur die juristische Eigentumstheorie zwar sehr anregend, stellt sie aber gleichzeitig vor die Aufgabe, sich ihrer begrifflichen Grundlagen und der Bedingungen von Interdisziplinaritat zu versichern.Dies zeigt sich bei den disparaten und stets neuen Formen des geistigen Eigentums immer dann besonders, wenn die Rezeption fachfremder Grunde an den Zwangen des juristischen Gegenstands scheitert. Michael Goldhammer zeigt, wie das Begriffsproblem als normatives Moment der Begrundungsdebatte verstanden werden muss und mit der inhaltlichen Rechtfertigung wechselseitig so zusammenspielt, dass es im Diskurs nicht ignoriert werden kann. Hierzu bedient er sich der US-Eigentumstheorie, die sich der Frage spiegelverkehrt nahert und dadurch interessante Aufschlusse zulasst. Anhand einer systematischen Rekonstruktion werden Strukturmerkmale entwickelt und mittels konkreter Falle dem Praxistest unterworfen.Carl-Gareis Preis der Rechts- und Wirtschaftswissenschaftlichen Fakultat der Universitat Bayreuth 2012.

Tax Policy, Women and the Law

UK and Comparative Perspectives

Author: Ann Mumford

Publisher: Cambridge University Press

ISBN: 1139493477

Category: Law

Page: N.A

View: 8225

Tax policy frequently targets the choices that women face in many aspects of their lives. Decisions regarding working away from home, having children, marrying, registering a partnership or cohabiting with a partner all entail tax consequences. The end of the twentieth century saw progress in women's legal and social equality, but many governments began to increase their reliance on the tax system as a means of influencing the choices that women make. The juxtaposition of this instrumentalist deployment of tax with persisting economic inequality for women is the starting point for this book. Employing a range of theoretical approaches, and grounding its investigations in sociological theory and cultural philosophy, it provides the foundation for a comparative, contextual consideration of the issues that arise at the intersection of women, tax policy and the law.

The Triangle Fire, Protocols Of Peace

And Industrial Democracy In Progressive

Author: Richard Greenwald

Publisher: Temple University Press

ISBN: 143990782X

Category: Business & Economics

Page: 344

View: 7540

America searched for an answer to "The Labor Question" during the Progressive Era in an effort to avoid the unrest and violence that flared so often in the late nineteenth and early twentieth century. In the ladies' garment industry, a unique experiment in industrial democracy brought together labor, management, and the public. As Richard Greenwald explains, it was an attempt to "square free market capitalism with ideals of democracy to provide a fair and just workplace." Led by Louis Brandeis, this group negotiated the "Protocols of Peace." But in the midst of this experiment, 146 mostly young, immigrant women died in the Triangle Factory Fire of 1911. As a result of the fire, a second, interrelated experiment, New York's Factory Investigating Commission (FIC)—led by Robert Wagner and Al Smith—created one of the largest reform successes of the period. The Triangle Fire, the Protocols of Peace, and Industrial Democracy in Progressive Era New York uses these linked episodes to show the increasing interdependence of labor, industry, and the state. Greenwald explains how the Protocols and the FIC best illustrate the transformation of industrial democracy and the struggle for political and economic justice.

Ricardo's Gauntlet

Economic Fiction and the Flawed Case for Free Trade

Author: Vishaal Kishore

Publisher: Anthem Press

ISBN: 1783083018

Category: Political Science

Page: 222

View: 6370

‘Ricardo’s Gauntlet’ advances a critique of the mainstream economic case for international free trade. While the core of the case for free trade is David Ricardo’s principle of comparative advantage, the book argues that this case relies on a cluster of interconnected and mutually enforcing ‘economic fictions’ – economic theories or doctrines that pretend to be fact but which upon examination turn out to be mirages. Exposing the layers of fiction nested in the subfields of mainstream economics empties comparative advantage of its persuasiveness, bringing down the case for free trade.

Invented by Law

Alexander Graham Bell and the Patent That Changed America

Author: Christopher Beauchamp

Publisher: Harvard University Press

ISBN: 0674744543

Category: Law

Page: N.A

View: 5753

Christopher Beauchamp debunks the myth of Alexander Graham Bell as the telephone’s sole inventor, exposing that story’s origins in the arguments advanced by Bell’s lawyers during fiercely contested battles for patent monopoly. The courts anointed Bell father of the telephone—likely the most consequential intellectual property right ever granted.

Research Handbook on Human Rights and Intellectual Property

Author: Christophe Geiger

Publisher: Edward Elgar Publishing

ISBN: 1783472421

Category: Law

Page: 752

View: 9944

Research Handbook on Human Rights and Intellectual Property is a comprehensive reference work on the intersection of human rights and intellectual property law. Resulting from a field-specific expertise of over 40 scholars and professionals of world re

A Companion to Rawls

Author: Jon Mandle,David A. Reidy

Publisher: John Wiley & Sons

ISBN: 1118328418

Category: Philosophy

Page: 600

View: 4253

Wide ranging and up to date, this is the single mostcomprehensive treatment of the most influential politicalphilosopher of the 20th century, John Rawls. An unprecedented survey that reflects the surge of Rawlsscholarship since his death, and the lively debates that haveemerged from his work Features an outstanding list of contributors, including senioras well as “next generation” Rawls scholars Provides careful, textually informed exegesis andwell-developed critical commentary across all areas of his work,including non-Rawlsian perspectives Includes discussion of new material, covering Rawls’swork from the newly published undergraduate thesis to the finalwritings on public reason and the law of peoples Covers Rawls’s moral and political philosophy, hisdistinctive methodological commitments, and his relationships tothe history of moral and political philosophy and to jurisprudenceand the social sciences Includes discussion of his monumental 1971 book, A Theory ofJustice, which is often credited as having revitalizedpolitical philosophy

A Place Somewhat Apart

The Private Worlds of a Late Nineteenth-Century Public University

Author: Philip E. Harrold

Publisher: Wipf and Stock Publishers

ISBN: 1630878650

Category: Religion

Page: 254

View: 7882

The story of secularization and religious disestablishment in American higher education is told from the standpoint of a lively community of professors, students, and administrators at the University of Michigan in the late nineteenth century. This campus culture--one of the most closely watched of its day--sheds new light on the personal and cultural meanings of these momentous changes in American intellectual and public life. Here we see how religion was not so much displaced or marginalized in the heyday of university reform as translated into new arenas of public service and scholarly pursuit. The main characters in this story--professors Calvin Thomas and Henry Carter Adams--underwent profound religious crises of faith accompanied by major adjustments in their interpersonal relationships. Together, with students and administrators, their lives constituted a communal biography of religious deconversion. A close examination of these private and public worlds provides a more complete understanding of the dynamics behind new academic policies and intellectual innovations in a leading public university. The non-cognitive, intersubjective, gendered, quasi-religious shadings of academic modernism and early pragmatist philosophy, in particular, come to light in vivid ways. As John Dewey later observed, Michigan became an experimental laboratory for new meanings to unfold, new acts to propose.

Handbook of Income Distribution

Author: Anthony B. Atkinson,Francois Bourguignon

Publisher: Elsevier

ISBN: 0444594760

Category: Social Science

Page: 2366

View: 9950

What new theories, evidence, explanations, and policies have shaped our studies of income distribution in the 21st century? Editors Tony Atkinson and Francois Bourguignon assemble the expertise of leading authorities in this survey of substantive issues. In two volumes they address subjects that were not covered in Volume 1 (2000), such as education, health and experimental economics; and subjects that were covered but where there have been substantial new developments, such as the historical study of income inequality and globalization. Some chapters discuss future growth areas, such as inheritance, the links between inequality and macro-economics and finance, and the distributional implications of climate change. They also update empirical advances and major changes in the policy environment. The volumes define and organize key areas of income distribution studies Contributors focus on identifying newly developing questions and opportunities for future research The authoritative articles emphasize the ways that income mobility and inequality studies have recently gained greater political significance

The Cambridge History of Philosophy in the Nineteenth Century (1790–1870)

Author: Allen W. Wood,Songsuk Susan Hahn

Publisher: Cambridge University Press

ISBN: 1316175650

Category: Philosophy

Page: N.A

View: 7724

The latest volume in the Cambridge Histories of Philosophy series, the Cambridge History of Philosophy in the Nineteenth Century brings together twenty-nine leading experts in the field and covers the years 1790–1870. Their twenty-eight chapters provide a comprehensive survey of the period, organising the material topically. After a brief editor's introduction, it begins with three chapters surveying the background of nineteenth-century philosophy: followed by two on logic and mathematics, two on nature and natural science, five on mind and language (including psychology, the human sciences and aesthetics), four on ethics, three on religion, seven on society (including chapters on the French Revolution, the decline of natural right, political economy and social discontent), and three on history, which deal with historical method, speculative theories of history and the history of philosophy.

Die Verwaltung

Author: Nicolai Kranz

Publisher: N.A

ISBN: 9783428094479

Category: Political Science

Page: 411

View: 1889


Classical and Contemporary : from Natural Law to Postmodernism

Author: Robert L. Hayman,Nancy Levit,Richard Delgado

Publisher: West Academic Publishing


Category: Law

Page: 950

View: 1884

This text presents cutting edge contemporary materials, as well as new chapters on Natural Law, Positivism, Gay Legal Rights and Critical Lawyering. The book offers comprehensive coverage of legal theory from traditional to current movements, including new materials on Legal Formalism, Legal Process, Latino Critical, and Queer Critical Theory. Also contains extensive readings and updated and amplified notes, questions, problems, and bibliographies.

Law, Regulation, and Governance

Author: Michael Mac Neil,Neil Sargent,Peter Daniel Swan

Publisher: Don Mills, Ont. : Oxford University Press


Category: Political Science

Page: 352

View: 3990

This book presents a comprehensive view of the ways in which the state and social actors use a range of rules and practices to govern and control many areas of social and work life, from the environment to cyberspace, from labour relations to corporate governance. The book explores the impact of globalization and technological change on regulation and governance and the challenges they pose to traditional notions of state sovereignty. The 15 chapters by leading scholars and specialistsin the field are organized into five parts: Theoretical Dimensions; Labour, Capital, and the State; Dispute Resolution; Governing Self-Regulation; and Historical and Cultural Perspectives on Regulation and Governance. While some chapters present theoretical understandings and overviews of particular areas of state involvement in civil society, others offer case studies of specific instances of regulation and governance. Indeed, a recurrent theme in this important collection is that however much the regulation and governance of society seem to change, the state remains involved either directly or indirectly by overseeing the self-regulation of social actors.

Economic Analysis of Law

Author: Richard A. Posner

Publisher: Aspen Law & Business


Category: Law

Page: 747

View: 9619

This classic casebook earned its position as the preeminent work in the field by teaching generations of students the meaning and methods of economic analysis. The Sixth Edition continues to cover every aspect of economic analysis of the law--from common, business, and public International Law to public market regulation, evidence, and the economic theory of democracy.These distinctive features make Economic Analyis of Law such a bestseller: - author Richard A. Posner is a pioneer in law and economics analysis - comprehensive coverage of all key areas, from common law to the constitution - lucid, and user-friendly writing and organization to makes the study of economics more accessible - non-quantitative approach does not assume or require any prior knowledge of mathematics or economics - part and chapter organization is based on legal--not economic--concepts - excellent topical coverage stimulates class discussion - end-of-chapter sections extend learning through problems and suggested further readingsRevised and updated for its Sixth Edition, the casebook now offers: - new coverage in areas such as evidence, intellectual property, public International Law, and the economics of presidential pardons - chapters on antitrust and taxation that have been extensively revised - responses to all questions and problems in the Teacher's ManualLet your students learn economic analysis from the expert who set the standard through his definitive reference, Posner's Economic Analysis of Law, Sixth Edition.