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Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.
The Secrets of Law explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it explores the ways law produces zones of secrecy, the relation between secrecy and justice, and how we understand the inscrutability of law's processes. The first half of the work examines the role of secrecy in contemporary political and legal practices—including the question of transparency in democratic processes during the Bush Administration, the principle of public justice in England's response to the war on terror, and the evidentiary law of spousal privilege. The second half of the book explores legal, literary, and filmic representations of secrets in law, focusing on how knowledge about particular cases and crimes is often rendered opaque to those attempting to access and decode the information. Those invested in transparency must ultimately cultivate a capacity to read between the lines, decode the illegible, and acknowledge both the virtues and dangers of the unknowable.
An intensely controversial scrutiny of American democracy's fundamental tension between the competing imperatives of security and openness.
Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning—how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality.
This Book does give you all the basic tools that you will ever need when faced with Life, which is always full of legal situations. This book is also a collection of my many “ Legal Help Writings, “ which some have been published and others are brand new, all to help you so you will not miss out on any thing. And I also give to you a whopping 60 Chapters of legal situations that you will face, but with “ Ever – Green information “ on how to overcome your legal troubles today, and tomorrow. And I even show you how to legally have the Police apologize to you, as well how to properly handle your Lawyer and keep his or her feet to the legal fire. Just so you will never end up being a victim. I teach you the meaning of, and the inner workings of legal problems that you and your loved ones will face for life, and still end up having a fair shake at the legal system that was originally written to protect the common man and woman. And not the elite with money. https://www.JamesDazouloute.net/ - For More:
"The comprehensive analysis is accompanied by a synthesis of the Uniform trade secrets act case law determining the key trade secret issues as well as online synopses of each UTSA case, organized by the type of the alleged trade secret, the industry, and whether the trade secret owner won or lost"--ABA website.
This book investigates the elements that have developed as part of the definition of propriety and good behavior, and how the law has acted to protect respectable people and their reputations.
Did law school teach you ANYTHING about how to successfully market your law practice? You wouldn't have been compelled to read this book if it did, now would you? Contrary to what the public thinks, you and I know being an attorney can at times be a thankless, life-sucking, time consuming, family destroying profession that earns you little more than middle class wages. It's NOT the best attorneys that make the most money. Many times some of the hardest working and knowledgeable attorneys are the very ones scraping to get by, working 80 hour weeks, and giving up family time and any hope of a life outside the office. From interviewing 150+ attorneys, and seeing the inside of 400+ attorney websites, I can tell you these shocking facts: 1. 97% of attorneys tell me they've been burned, more than once, by an unscrupulous marketing company who sees them as their next ATM withdrawal. 2. The top 3 ways attorneys get burned by marketers are: A) the marketing company controls either the hosting or domain name of their website, and "rents" this to the attorney, pulling the rug out at contract's end, or extorts the attorney for thousands to own their own website; B) Proprietary reporting systems are used to create smoke and mirrors, hiding lack of results; C) Little to no marketing work is actually performed, but instead claimed to have been performed. 3. 95% of attorneys get 0 - 5 visitors to their website a day. (how will you EVER get enough potential clients to call you without enough visitors?) 4. It's possible, with proper marketing, to get your phone ringing with real, live, breathing potential clients on a DAILY BASIS, earning you 4-8 or more retained clients a month from a properly SEO'd website that draws 100+ unique visitors daily. 5. Over 90% of attorneys sacrifice tens of thousands of dollars a year in lost retentions due to untrained, unfriendly, standoffish office staff, attorney partners, lack of customer intake scripting, and utter lack of potential client follow up. 6. In your city, on your block, there are attorneys charging triple what you charge, making $300k - $500k+ a year, meanwhile other lawyers are whoring themselves out for nickels, and going broke. Yes, in THIS ECONOMY. Richard Jacobs' book, Secrets of Attorney Marketing Law School Dares Not Teach, gives you street fighter strategies and tactics you can use TODAY to earn more, work less, and get off the treadmill of mediocrity. At times irreverant, crude, rude, and unprofessional, Richard exposes the truth about what marketing works, and what doesn't. If you're easily offended, stuck on professionalism, "getting your name out there," and feel naked if you have to take a picture without the security of your law books behind you, then do not read this book.
Dallas-based Simpson and Stacy is one of the most unique law firms in the nation. The partners, Skip Simpson and Michael Stacy, handle suicide cases almost exclusively. Award winning journalist and best selling author C. C. Risenhoover pries into the minds of the two attorneys to discover what motivates their focus on suicide, and how the high-profile cases they handle affect them personally.