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Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.
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This book weighs alternative conceptions of the equal opportunity principle through empirical and ethical explorations of the Federal law directing local school districts to award special educational opportunities to students classified as learning disabled. The authors examine the vexing question of how we should distribute extra education funds.
This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
This book suggests reforms to improve legal education and responds to concerns that law schools eschew the study of justice.
This book puts criminal law in comparative perspective, by exploring transnational comparisons and connections to other first-year courses (especially torts and contracts). The second edition amplifies the book's comparative features by adding further transnational materials to enrich discussion. It continues to capture contemporary American criminal law by incorporating new cases and materials, including but not limited to, the U.S. Supreme Court's recent cases on the insanity defense, duress, the Second Amendment, and the death penalty for child rape. The goal of this book was to present a teachable collection of up-to-date materials that capture the reality of modern American criminal law.
"The essays in this volume confront the inroads that economics has made into the legal academy.... Law and Economics uses principles of neoclassical economics to develop laws and social policies that maintain if not bolster current allocations of power."—from the Introduction The Law and Economics school has had a significant impact on the legal and governmental landscape in the United States. It posits a perfectly rational "economic man"—homo economicus—who is unconstrained by familial and communal ties and who can and should make decisions solely in light of considerations of economic value. Feminism Confronts Homo Economicus offers a major intervention in debates about how law has c...
One of the most-read law journals adds a true ebook edition to its worldwide distribution, becoming the first general interest law review to do so. This current issue of the Stanford Law Review contains studies of law, economics, and social policy by such recognized scholars as Kenneth Bamberger, Deirdre Mulligan, Judge Richard Posner, Albert Yoon, Cynthia Estland, and Norman Spaulding. Volume 63, Issue 2's contents are: "Privacy on the Books and on the Ground," by Kenneth A. Bamberger & Deirdre K. Mulligan "What Judges Think of the Quality of Legal Representation," by Richard A. Posner & Albert H. Yoon "Just the Facts: The Case for Workplace Transparency," by Cynthia Estlund Essay, "Independence and Experimentalism in the Department of Justice," by Norman W. Spaulding Note, "The 'Benefit' of Spying: Defining the Boundaries of Economic Espionage under the Economic Espionage Act of 1996" In the new ebook edition, the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.
Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
A leading law journal features a digital edition as part of its worldwide distribution, using quality ebook formatting and active links. The March 2012 issue of the Stanford Law Review contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for the March 2012 issue include: Prosecuting the Exonerated: Actual Innocence and the Double Jeopardy Clause; By Jordan M. Barry From Multiculturalism to Technique: Feminism, Culture, and the Conflict of Laws Style; By Karen Knop, Ralf Michaels & Annelise Riles Fragmentation Nodes: A Study in Financial Innovation, Complexity, and Systemic Risk; By Kath...