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No Law
The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The first amendment, however, prohibits Congress from enacting any law that abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. No Law offers a new way to approach these debates. In eloquent and passionate style, Lange and Powell argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congress of the power to restrict personal thought and free expressio...
The Judge
"Employing the great Florentine theorist as its guide, 'The Judge' describes what judges often do, not what they ought to do."--Book jacket.
Corporate Bodies and Guilty Minds
We live in an era defined by corporate greed and malfeasance—one in which unprecedented accounting frauds and failures of compliance run rampant. In order to calm investor fears, revive perceptions of legitimacy in markets, and demonstrate the resolve of state and federal regulators, a host of reforms, high-profile investigations, and symbolic prosecutions have been conducted in response. But are they enough? In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He anal...
Heart versus Head
Challenging traditional accounts of the development of American private law, Peter Karsten offers an important new perspective on the making of the rules of common law and equity in nineteenth-century courts. The central story of that era, he finds, was a struggle between a jurisprudence of the head, which adhered strongly to English precedent, and a jurisprudence of the heart, a humane concern for the rights of parties rendered weak by inequitable rules and a willingness to create exceptions or altogether new rules on their behalf. Karsten first documents the tendency of jurists, particularly those in the Northeast, to resist arguments to alter rules of property, contract, and tort law. He ...
Humanities
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Terrorism and the Constitution
The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of 'warfare' and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.
Private Property and Abuse of Rights in Victorian England
The case of the Borough of Bradford v Pickles was the first to establish the principle that it is not unlawful for a property owner to exercise his or her property rights maliciously and to the detriment of others or the public interest. This book explores why the common law developed in this way.
Nonlinear Physics For Beginners: Fractals, Chaos, Solitons, Pattern Formation, Cellular Automata And Complex Systems
Almost all real systems are nonlinear. For a nonlinear system the superposition principle breaks down: The system's response is not proportional to the stimulus it receives; the whole is more than the sum of its parts. The three parts of this book contains the basics of nonlinear science, with applications in physics. Part I contains an overview of fractals, chaos, solitons, pattern formation, cellular automata and complex systems. In Part II, 14 reviews and essays by pioneers, as well as 10 research articles are reprinted. Part III collects 17 students projects, with computer algorithms for simulation models included.The book can be used for self-study, as a textbook for a one-semester course, or as supplement to other courses in linear or nonlinear systems. The reader should have some knowledge in introductory college physics. No mathematics beyond calculus and no computer literacy are assumed.
