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Gellhorn and Byse's Administrative Law
  • Language: en
  • Pages: 1530

Gellhorn and Byse's Administrative Law

  • Categories: Law
  • Type: Book
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  • Published: 2003
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  • Publisher: Unknown

After defining the constitutional framework for administration, the casebook discusses related topics such as downsizing government, regulators' thirst for information and the Paperwork Reduction Act, Fourth and Fifth Amendment concerns, Freedom of Information Act, and the future of the administrative state. Author forum available at twen.com. A premium Teacher's Manual is available upon request for professors adopting this casebook.

A Time for Every Purpose
  • Language: en
  • Pages: 240

A Time for Every Purpose

  • Categories: Law

Sunday is more like Monday than it used to be. The Fourth of July is more like the third. Although time is a feature of the natural world, it is at the same time not natural, but given its meaning by human action and, in our contemporary world, primarily through the law. Rakoff argues that legal regulation of the law has become weaker, with unfortunate results for both individuals and families.

The Intellectual Sword
  • Language: en
  • Pages: 881

The Intellectual Sword

A history of Harvard Law School in the twentieth century, focusing on the school’s precipitous decline prior to 1945 and its dramatic postwar resurgence amid national crises and internal discord. By the late nineteenth century, Harvard Law School had transformed legal education and become the preeminent professional school in the nation. But in the early 1900s, HLS came to the brink of financial failure and lagged its peers in scholarly innovation. It also honed an aggressive intellectual culture famously described by Learned Hand: “In the universe of truth, they lived by the sword. They asked no quarter of absolutes, and they gave none.” After World War II, however, HLS roared back. I...

Human Rights in Private Law
  • Language: en
  • Pages: 278

Human Rights in Private Law

  • Categories: Law

Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.

Legal Education in the Digital Age
  • Language: en
  • Pages: 271

Legal Education in the Digital Age

  • Categories: Law

This collection of essays by legal scholars explores the digital revolution that has transformed legal education. It discusses the way digital materials will be created and how they will change concepts of authorship as well as methods of production and distribution. The book also explores the impact of digital materials on law school classrooms and law libraries, and the potential transformation of the curriculum that these materials are likely to produce.

Discrimination by Default
  • Language: en
  • Pages: 199

Discrimination by Default

  • Categories: Law
  • Type: Book
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  • Published: 2008-04
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  • Publisher: NYU Press

Drawing on social psychology to detail three ways in which unconscious assumptions can lead to discrimination, this book demonstrates how these dynamics interact in medical care to produce an invisible, self-fulfilling, and self-perpetuating prophecy of racial disparity.

Arbitration Law in America
  • Language: en
  • Pages: 424

Arbitration Law in America

  • Categories: Law

Arbitration Law in America: A Critical Assessment is a source of arguments and practical suggestions for changing the American arbitration process. The book argues that the Federal Arbitration Act badly needs major changes. The authors, who have previously written major articles on arbitration law and policy, here set out their own views and argue among themselves about the necessary reforms of arbitration. The book contains draft legislation for use in international and domestic arbitration and a detailed explanation of the precise justifications for proposed legislative changes. It also contains two proposals that might be deemed radical - to ban arbitration related to the purchase of products by consumers and to prohibit arbitration of employment disputes. Each proposal is vetted fully and critiqued by one or more of the other co-authors.

Economic Analysis of the DCFR
  • Language: en
  • Pages: 345

Economic Analysis of the DCFR

  • Categories: Law

The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.

Is Administrative Law Unlawful?
  • Language: en
  • Pages: 646

Is Administrative Law Unlawful?

  • Categories: Law

“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting ...

The Limits of Freedom of Contract
  • Language: en
  • Pages: 326

The Limits of Freedom of Contract

  • Categories: Law

Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?