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Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
INTELLECTUAL PROPERTY: THE LAW OF TRADEMARKS, COPYRIGHTS, PATENTS, AND TRADE SECRETS, 4E, International Edition is a thorough guide to the four fields of intellectual property law: trademarks, copyrights, patents, and trade secrets. This comprehensive, yet reader-friendly text helps aspiring and practicing paralegals alike master the complexities of modern intellectual property law, including topics such as registration procedures, duration of rights, protection from infringement, current concerns in each field, and international trends and developments. Now updated in a new Fourth Edition, this wide-ranging text features coverage of cutting-edge issues such as technological innovations, intellectual property in the digital age, the role of the Internet, and evolving business law. In addition to an in-depth overview of each field, the text features abundant practical material, such as sample agreements, forms, checklists of paralegal tasks, charts, citations, statutes, realistic case studies, excerpts of real cases, and interesting trivia to capture students' interest and provide valuable insights into real-world paralegal practice. Additional features useful for paralegal students and professionals include references to intellectual property websites, questions to encourage targeted Internet research, Case Illustrations, Case Study and Activities, Role of Paralegal element, and "Ethics Edge" boxes that explore ethical issues related to chapter content.
Since the publication of its first edition, this textbook has become the definitive student introduction to the subject. As with earlier editions, the seventh edition gives a clear understanding of fundamental legal concepts and their importance within society. In addition, this book addresses the ways in which rules and the structures of law respond to and impact upon changes in economic and political life. The title has been extensively updated and explores recent high profile developments such as the Civil Partnership Act 2005 and the Racial and Religious Hatred Bill. This introductory text covers a wide range of topics in a clear, sensible fashion giving full context to each. For this reason An Introduction to Law is ideal for all students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on social sciences courses which offer law options.
"Textbook on torts/personal injury for paralegal students"--
Over the coming decades, Artificial Intelligence will profoundly impact the way we live, work, wage war, play, seek a mate, educate our young, and care for our elderly. It is likely to greatly increase our aggregate wealth, but it will also upend our labor markets, reshuffle our social order, and strain our private and public institutions. Eventually it may alter how we see our place in the universe, as machines pursue goals independent of their creators and outperform us in domains previously believed to be the sole dominion of humans. Whether we regard them as conscious or unwitting, revere them as a new form of life or dismiss them as mere clever appliances, is beside the point. They are likely to play an increasingly critical and intimate role in many aspects of our lives. The emergence of systems capable of independent reasoning and action raises serious questions about just whose interests they are permitted to serve, and what limits our society should place on their creation and use. Deep ethical questions that have bedeviled philosophers for ages will suddenly arrive on the steps of our courthouses. Can a machine be held accountable for its actions? Should intelligent systems enjoy independent rights and responsibilities, or are they simple property? Who should be held responsible when a self-driving car kills a pedestrian? Can your personal robot hold your place in line, or be compelled to testify against you? If it turns out to be possible to upload your mind into a machine, is that still you? The answers may surprise you.
Aims to provide a comprehensive overview of the Australian law of costs in both the lawyer-client and the party-party context. It addresses all Australian jurisdictions (State and Federal), as well as costs in criminal matters, through the relevant statutes, court rules and case law.