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Aging Thoughtfully
"Features dueling essays by leading figures in philosophy, law, and economics; each essay employs a wealth of fictional and real world examples to address the topic of aging; covers a wide range of questions that confront one facing the last third of life"--Publisher's website
American Guy
This text examines American norms of masculinity and their role in the law, with essays from legal academics, literary scholars, and judges. Together, these papers reinvigorate the law-and-literature movement by bringing a range of methodological and disciplinary perspectives to bear on the complex interactions of masculinity with both law and literature - ultimately shedding light on all three.
The Offensive Internet
The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct. At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assem...
The Timing of Lawmaking
Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
Super Strategies for Puzzles and Games
For those who want to become better problem solvers--or those who just enjoy games and puzzles that are challenging--this fascinating volume teaches you how to examine each of its many teasers, twisters and tactical challenges and to identify the most winning approach to every one. How can you tell what's a red herring and what's important? How can you figure the odds on Indian poker? How can you flip coins against an opponent and win consistently--without cheating? Here are the clear, easily grasped explanations of how and why some solutions to puzzles work and others don't, and how to tell the difference.
The Legal Analyst
There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples. The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
Constitutional Process
This is the first comprehensive analysis of how the collective nature of Supreme Court decision making affects the transformation of the justices' preferences into constitutional doctrine. Analyzing the Supreme Court from the perspective of social choice theory, Maxwell L. Stearns offers new insights into Supreme Court decision making that have profound implications for understanding the outcomes in a number of cases and the resulting doctrinal development within constitutional law which traditional analyses have proven ill-equipped to explain. The book models several important process-based Supreme Court rules, including outcome voting, the narrowest-grounds rule, stare decisis, and justici...
Constitutional Justice Under Old Constitutions
Constitutional Justice under Old Constitutions confronts different national experiences within the framework of a common subject matter, viz., questions arising from the application of old constitutional texts within one system or another of judicial review. Every chapter presents valuable materials and reflections for further exploration on a comparative as well as a national basis. The countries covered are the United States, Norway, Belgium and France; all countries having an old constitution. The following questions are dealt with: the emergence of judicial review of national legislation the interpretation of old constitutional texts complementary sources to old constitutional texts the application of old constitutions in modern societies the legitimacy of judicial review of legislation
Foreign Court Judgments and the United States Legal System
Foreign Court Judgments and the United States Legal System, edited by Paul B. Stephan, gathers essays from leading thinkers, scholars and practitioners in international law to address the recognition and enforcement of foreign court judgments in the United States legal system. Divided into two Parts entitled Existing Doctrine and the Fourth Restatement, and Statutory Reform of the Law of Recognition and Enforcement, the volume collects a diverse range of topics, including a defense of territorial sovereignty, a consideration of its undergirding doctrine of refusal to recognize or enforce foreign penal and revenue judgments, and an examination of the role of the Supreme Court as the ultimate expositor and interpreter of a federal statute, among many others. Foreign Court Judgments and the United States Legal System offers a nuanced and thorough collection of analyses from experts in the field regarding a multifarious and often contentious aspect of international law.
Climate Change and People on the Move
This book applies a justice framework to analysis of the actual and potential role of international law with respect to people on the move in the context of anthropogenic climate change. That people are affected by the impacts of climate change is no longer doubted, including with implications for people movement (migration, displacement, relocation, etc.). Climate Change and People on the Move tackles unique questions concerning international responsibility for people movement arising from the inequities inherent to climate change. Corrective and distributive justice provide the analytical backbone, and are explored in a substantial theoretical chapter and then applied to subsequent context...
