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Offers students with a logical introduction to contract law. Exploring various developments and case decisions in the field of contract law, this title combines an examination of authorities and commentaries with a modern contextual approach.
The last ten years have been a period of extraordinary change for law firms. The rapid growth of corporate law firms and the emergence of global mega-firms have strained the traditional partnership model of management. Some managers of law firms are appalled at the creeping 'corporatism' that they fear may result. However a growing number believe that it is time to move on and adopt more contemporary forms of structure and management. In Managing the Modern Law Firm scholars and legal practitioners examine the latest insights from management research, to enable law firms successfully to meet the challenges of this new business environment.
This contracts casebook includes introductions that quickly orient students within unfamiliar territories. Cases present both the doctrine applied and, in some instances, the shortcomings of that doctrine. the authors express their disagreement about basic issues, so that students can experience the range of possible in modern contract law. to save time, the authors avoid extensive citation of academic scholarship except as it pertains to the cases being studied. Certain traditional subjects such as offer and acceptance and consideration are reduced to the bare minimum, where more pivotal subjects such as form contracts, arbitration clauses, and the modern concept of unconscionability are considered at length.
The book relates the normativity of law to law's internal sociality and shows the multi-layered nature of legal normativity.
Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day. The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.
This volume collects some of the best recent writings on St. Thomas?s philosophy of law and includes a critical examination of Aquinas?s theory of the relation between law and morality, his natural law theory, as well as the modern reformulation of his approach to natural rights. The volume shows how Aquinas understood the importance of positive law and demonstrates the modern relevance of his writings by including Thomistic critiques of modern jurisprudence and examples of applications of Thomistic jurisprudence to specific modern legal problems such as federalism, environmental policy, abortion and euthanasia. The volume also features an introduction which places Aquinas?s writings in the context of modern jurisprudence as well as an extensive bibliography. The volume is suited to the needs of jurisprudence scholars, teachers and students and is an essential resource for all law libraries.
Not all law firms will survive the tumult headed their way.Over the past three decades, the legal industry has been turned upside down. Increasingly rapid advances in technology have radically changed everything about the way law firms operate-from attracting and retaining clients, to researching relevant case law, collaborating with colleagues, and filing documents. With competition coming not just from other traditional law firms but also from online legal services, it's more important than ever to differentiate your firm in a crowded marketplace. Yet the majority of firms continue down the path of "business as usual" despite the whirlwind of change roaring outside their windows.Will your firm be blindsided by the threats at hand and pay the price in lost business, lost talent, and lost revenue? Or will you face these threats head-on and learn how to turn them to your advantage so you can not just survive, but thrive?If you'd prefer the latter, this book is your comprehensive, actionable roadmap for navigating this new landscape. Let's dive in!
A superbly clear, direct, and detailed explanation of the rules that underpin the law of evidence. The Modern Law of Evidence is a lucid, engaging, and authoritative guide to a fascinating and stimulating subject. Straightforward and practical in approach, it also provides concise and focused analysis of the theory behind the law, with an emphasis on recent discussion and current debates. An ideal text for undergraduates and students studying on the Bar Professional Training Course and Legal Practice Course, The Modern Law of Evidence is also an authoritative reference point for practitioners and judges. Online Resources The Modern Law of Evidence is accompanied by online resources, including: - Selected guidance on approaching the questions contained in the book - General advice on taking examinations in evidence - Regular updates on key developments - A list of web links to essential resources
In postrevolutionary America, the autonomous individual was both the linchpin of a young nation and a threat to the founders’ vision of ordered liberty. Conceiving of self-government as a psychological as well as a political project, jurists built a republic of laws upon the Enlightenment science of the mind with the aim of producing a responsible citizenry. Susanna Blumenthal probes the assumptions and consequences of this undertaking, revealing how ideas about consciousness, agency, and accountability have shaped American jurisprudence. Focusing on everyday adjudication, Blumenthal shows that mental soundness was routinely disputed in civil as well as criminal cases. Litigants presented conflicting religious, philosophical, and medical understandings of the self, intensifying fears of a populace maddened by too much liberty. Judges struggled to reconcile common sense notions of rationality with novel scientific concepts that suggested deviant behavior might result from disease rather than conscious choice. Determining the threshold of competence was especially vexing in litigation among family members that raised profound questions about the interconnections between love and consent. This body of law coalesced into a jurisprudence of insanity, which also illuminates the position of those to whom the insane were compared, particularly children, married women, and slaves. Over time, the liberties of the eccentric expanded as jurists came to recognize the diversity of beliefs held by otherwise reasonable persons. In calling attention to the problematic relationship between consciousness and liability, Law and the Modern Mind casts new light on the meanings of freedom in the formative era of American law.