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We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.
Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
The lawyer's trade--from its noblest moments to its greatest blunders--is examined with rigor, insight, and wit by one of America's foremost commentators on the law, New York Times columnist David Margolick.
Great American City demonstrates the powerfully enduring impact of place. Based on one of the most ambitious studies in the history of social science, Robert J. Sampson’s Great American City presents the fruits of over a decade’s research to support an argument that we all feel and experience every day: life is decisively shaped by your neighborhood. Engaging with the streets and neighborhoods of Chicago, Sampson, in this new edition, reflects on local and national changes that have transpired since his book’s initial publication, including a surge in gun violence and novel forms of segregation despite an increase in diversity. New research, much of it a continuation of the influential discoveries in Great American City, has followed, and here, Sampson reflects on its meaning and future directions. Sampson invites readers to see the status of the research initiative that serves as the foundation of the first edition—the Project on Human Development in Chicago Neighborhoods (PHDCN)—and outlines the various ways other scholars have continued his work. Both accessible and incisively thorough, Great American City is a must-read for anyone interested in cutting-edge urban sociology and the study of crime.
How things are divided up or pieced together matters. Half a bridge is of no use at all. Conversely, many things would do more good if they could be divided up differently: Perhaps you would prefer a job that involves a third less work and a third less pay or a car that materializes only when needed and is priced accordingly? Difficulties in “slicing” and “lumping” shape nearly every facet of how we live and work—and a great deal of law and policy as well. Lee Anne Fennell explores how both types of challenges—carving out useful slices and assembling useful lumps—surface in myriad contexts, from hot button issues like conservation and eminent domain to developments in the sharing economy to personal struggles over work, money, time, diet, and exercise. Yet the significance of configuration is often overlooked, leading to missed opportunities for improving our lives. With a technology-fueled entrepreneurial explosion underway that is dividing goods, services, and jobs in novel ways, and as urbanization and environmental threats raise the stakes for assembling resources and cooperation, this is an especially exciting and crucial time to confront questions of slicing and lumping. The future of the city, the workplace, the marketplace, and the environment all turn on matters of configuration, as do the prospects for more effective legal doctrines, for better management of finances and health, and more. This book reveals configuration’s power and potential—as a unifying concept and as a focus of public and private innovation.
The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy.
This is a new release of the original 1949 edition.
Vol. 1-14 include the proceedings of the Oregon Bar Association, previously issued separately as: Proceedings of the Oregon Bar Association at its ... annual meeting.
How did Chicago, a city known for commerce, come to have such a splendid public waterfront—its most treasured asset? Lakefront reveals a story of social, political, and legal conflict in which private and public rights have clashed repeatedly over time, only to produce, as a kind of miracle, a generally happy ending. Joseph D. Kearney and Thomas W. Merrill study the lakefront's evolution from the middle of the nineteenth century to the twenty-first. Their findings have significance for understanding not only Chicago's history but also the law's part in determining the future of significant urban resources such as waterfronts. The Chicago lakefront is where the American public trust doctrine, holding certain public resources off limits to private development, was born. This book describes the circumstances that gave rise to the doctrine and its fluctuating importance over time, and reveals how it was resurrected in the later twentieth century to become the primary principle for mediating clashes between public and private lakefront rights. Lakefront compares the effectiveness of the public trust idea to other property doctrines, and assesses the role of the law as compared with more institutional developments, such as the emergence of sanitary commissions and park districts, in securing the protection of the lakefront for public uses. By charting its history, Kearney and Merrill demonstrate that the lakefront's current status is in part a product of individuals and events unique to Chicago. But technological changes, and a transformation in social values in favor of recreational and preservationist uses, also have been critical. Throughout, the law, while also in a state of continual change, has played at least a supporting role.