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The Dignity of Commerce
The Dignity of Commerce is a rigorous and novel exploration of moral justification of contract law through how it fosters well-functioning markets. Nathan B. Oman demonstrates how contract law deals overwhelmingly with the matters of commercial exchange, and how commerce in turn breeds habits of mind, or virtues, that support a liberal society. He also shows how markets provide a framework for peaceful cooperation across the fault lines of race, culture, religion, and politics that outdo even democratic political institutions. The Dignity of Commerce is ambitious in its aims and its conclusions and the implications are powerful. It is sure to elicit a serious discussion at the very heart of one of the most central areas of legal studies, and Nathan B. Oman has provided a clear, engaging, and comprehensive vehicle to get the discussion started.
Contracts
Contracts: Cases and Doctrine features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provide additional context. The Seventh Edition has been edited to delete materials that are seldom covered in a 1L class. This...
Sustaining the Law
Eleven legal scholars analyze Joseph Smith's legal encounters that included more than two hundred suits in the courts of New York, Ohio, Missouri, Illinois, and elsewhere. Topics cover constitutional law, copyright, disorderly conduct, association, assault, marriage, banking, land preemptive rights, treason, municipal charters, bankruptcy, guardianship, habeas corpus, adultery, and freedom of the press. A 53-page legal chronology presents key information about Joseph's life in the law. An appendix provides biographies of sixty lawyers and judges with whom he was involved, some being the best legal minds of his day.
Mormonism
Covering its historic development, important individuals, and central ideas and issues, this encyclopedia offers broad historical coverage of The Church of Jesus Christ of Latter-day Saints. Mormonism: A Historical Encyclopedia helps readers explore a church that has gone from being an object of ridicule and sometimes violent persecution to a worldwide religion, counting prominent businesspeople and political leaders among its members (including former Massachusetts governor and recent presidential candidate Mitt Romney). The encyclopedia begins with an overview of The Church of Jesus Christ of Latter-day Saints—six essays cover the church's history from Joseph Smith's first vision in 1820...
Exit Left
How can citizens best protect themselves from the arbitrary power of abusive spouses, tyrannical bosses, and corrupt politicians? Exit Left makes the case that in each of these three spheres the answer is the same: exit. By promoting open and competitive markets and providing the information and financial resources necessary to enable exit, the book argues that this can empower people's voices and offer them an escape from abuse and exploitation. This will advance a conception of freedom, viz. freedom as non-domination (FND), which is central to contemporary republican thought. Neo-republicans have typically promoted FND through constitutional means (separation of powers, judicial review, th...
The Humanity of Private Law
The Humanity of Private Law presents a new way of thinking about English private law. Making a decisive break from earlier views of private law, which saw private law as concerned with wealth-maximisation or preserving relationships of mutual independence between its subjects, the author argues that English private law's core concern is the flourishing of its subjects. THIS VOLUME - presents a critique of alternative explanations of private law; - defines and sets out the key building blocks of private law; - sets out the vision of human flourishing (the RP) that English private law has in mind in seeking to promote its subjects' flourishing; - shows how various features of English private l...
Christianity and the Laws of Conscience
This book explores the Christian theological, legal, constitutional, historical, and philosophical meanings of conscience for both scholarly and educated general audiences.
Perspectives on Contract Law
Interesting and informative, Perspectives on Contract Law is an anthology of legal scholarship that presents both seminal and cutting-edge writing by luminaries in the field. Featuring selections from a new generation of contracts scholars including Steven J. Burton, Nathan B. Oman, Margaret Radin, and more, along with additional content by Alan Schwartz and Robert E. Scott, this text offers a diversity of articles that reflect a variety of contact theorists and perspectives. Created with the first-year law student in mind, this text provides introductory text and Study Guides that frame each article and helpfully suggest salient themes. A logical and modular organization make this reader suitable for use alongside any contracts casebook.
The Mormon Question
From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions of constitutional law. Did principles of religious freedom and local self-government protect Mormons' claim to a distinct, religiously based legal order? Or was polygamy, as its opponents claimed, a new form of slavery--this time for white women in Utah? And did constitutional principles dictate that democracy and true liberty were founded on separation of church and state? As Sarah Barringer Gordon shows, the answers to these questions finally yielded an apparent victory for antipol...
