Limits on States: A Reference Guide to the United States Constitution
By James M. McGoldrick
Publisher: Praeger Publishers Number Of Pages: 150 Publication Date: 2005-04-30 ISBN-10 / ASIN: 0313312338 ISBN-13 / EAN: 9780313312335 Binding: Hardcover
Book Description:
Article 1, Section 10 contains the most significant limits on state power found in the main text of the U.S. Constitution. Chief Justice John Marshall, perhaps the most important Justice in U.S. history, used this provision a number of times in a number of significant decisions to limit state power. These decisions effectively enhanced the power of our new federalist form of government. This book delves into the modern issues pertaining to state limitations by tracing its history and looking at today's most important factors. This work makes a valuable contribution to the understanding of the U.S. Constitution by detailing the most significant limits on state power. The many provisions studied in the book provide insights into the various aspects of constitutional interpretation. Coverage includes:
Ex post facto laws Prohibition against bills of attainder The import export clause The Dormant Commerce Clause Limits on a state's ability to retroactively impair contracts.
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The Environmental Law and Compliance Handbook
By James F. Berry, Mark S. Dennison
Publisher:McGraw-Hill Professional Number Of Pages:704 Publication Date:2000-05-03 ISBN-10 / ASIN:0071340947 ISBN-13 / EAN:9780071340946 Binding:Hardcover
Book Description:
Detailed roadmap through the maze of environmental laws and regulations
Written in straightforward, nonlegal language, this guide covers all the compliance issues that environmental professionals must master. Regulatory coverage includes overviews and discussions related to NEPA; The Clean Water Act of 1977; The Endangered Species Act of 1973; Clean Air Act Amendments of 1970, 1977, and 1990; The Toxic Substances Control Act of 1976; The Federal Insecticide, Fungicide, and Rodenticide Act; CERCLA; Superfund; and more.
You'll also learn about national environmental policy...state and local regulation...and environmental laws and regulations in Europe, Japan, China and Russia.
Table of Contents
Preface
Part I: Introduction
Chapter 1: Overview
Part II: Origins of U.S. Environmental Regulation
Chapter 2: Common-Law Principles
Chapter 3: Environmental Impact Review
Part III: Water Pollution Control
Chapter 4: The Clean Water Act-Water Pollutant Discharges
Chapter 5: The Clean Water Act-Regulation of Storm Water Discharges
Chapter 6: The Safe Drinking Water Act
Part IV: Air Pollution Controls
Chapter 7 The Clean Air Act
Part V: Hazardous and Toxic Substances Regulation
Chapter 8 Resource Conservation and Recovery Act
Chapter 9 Comprehensive Environmental Response, Compensation,
and Liability Act
Chapter 10 Pesticide Regulation
Chapter 11 Toxic Substance Regulation
Part VI: Pollution Prevention Law and Policy
Chapter 12 Pollution Prevention
Part VII: Environmental Control of Land Use
Chapter 13 Wetlands Regulation
Chapter 14 Coastal Zone Management
Chapter 15 Endangered Species and Sensitive Areas Protection
Part VIII: The International Perspective
Chapter 16 International Environmental Law and Policy
Appendix A: Glossary of Environmental Terms
Appendix B: Environmental Acronyms
Index
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Franchise Law Firms and the Transformation of Personal Legal Services
Jerry Van Hoy
Publisher:Quorum Books Number Of Pages:168 Publication Date:1997-08-30 ISBN-10 / ASIN:1567201350 ISBN-13 / EAN:9781567201352 Binding:Hardcover
Book Description:
As lawyers, legal scholars, and academics throughout the social sciences debate the future of legal work and the legal profession itself, they turn their attention inevitably to the rise of the franchise law firms. Founded in response to the changing market for legal services, franchise law firms have grown dramatically in recent years, but at what cost to clients and lawyers alike? This book focuses on how professional organizations (and the related work experience) are influenced by economics and the way various firms have excelled by mass producing a basic "menu" of services--by placing their offices at strategic locations, hiring inexperienced new law school graduates, and using television and other hard-sell means to attract clients. Van Hoy's impeccable sociological research, presented in a clear, readable, anecdotal style, will be fascinating and useful reading, not only for members of the legal profession and their academic colleagues, but also for aspiring lawyers and their future clients. Van Hoy shows that franchise law firms are a competitive innovation in the market for personal legal services--an innovation that has served to standardize lawyers' work and to dehumanize lawyers themselves. Precisely because the work of attorneys can be standardized and mass produced, a finding that may astonish some and dismay others, attorneys may be even more alienated from their chosen profession than their clients suspect. Van Hoy analyzes these matters and captures the broader context in which prepackaged firms operate; indeed, he compares franchised attorneys to lawyers in different types of firms who are also competing for the same business. Van Hoy is convinced that many attorneys are not only alienated but are ripe for unionization. He shows that collegiality no longer insulates attorneys from the pressures and dissatisfactions of the outside world, a research finding that in itself may seriously challenge prevailing viewpoints and shake confidence in the belief that legal work is not just a profession, but also a calling.
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Women in Law: A Bio-Bibliographical Sourcebook
By Rebecca Mae Salokar, Mary L. Volcansek
Publisher: Greenwood Press Number Of Pages: 392 Publication Date: 1996-09-30 ISBN-10 / ASIN: 0313294100 ISBN-13 / EAN: 9780313294105 Binding: Hardcover
Book Description:
Forty-three women who have made major contributions to the law through their work in the legal profession, scholarly legal research, and political activism directed at socio-legal reforms are profiled in this bio-bibliographical sourcebook. The women featured are from countries and regions with a Western legal tradition, including North America, Europe, Israel, Japan, the Philippines, and Africa. Each profile contains extended biographical information and details significant achievements and contributions to the law made by each woman, followed by references. Forty-three women who have made major contributions to the law through their work in the legal profession, scholarly legal research, and political activism directed at socio-legal reforms are profiled in this bio-bibliographical sourcebook. The women featured are from countries and regions with a Western legal tradition, including North America, Europe, Israel, Japan, the Philippines, and Africa. Each profile contains extended biographical information--their family backgrounds, education, and career development--and their significant achievements and contributions to law. The women featured include a number of those who were path-breakers like Sandra Day O'Connor, the first woman justice of the U.S. Supreme Court, and Bertha Wilson, the first woman to sit on the Canadian Supreme Court. Scholars like Margaret Somerville (Canada) and Beverly Blair Cook (U.S.), and political activists like Helene Stocker (Germany) and Leah Tsemel (Israel) are also included. The introduction to the work presents a comprehensive and historical overview of the role of women as citizens, scholars, lawyers, judges, office holders, and activists, and also provides a review of the scholarship on women in law.
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Insurance Regulation in the United States: An Overview for Business and Government
Peter M. Lencsis
Publisher:Quorum Books Number Of Pages:160 Publication Date:1997-05-30 ISBN-10 / ASIN:1567200850 ISBN-13 / EAN:9781567200850 Binding:Hardcover
Book Description:
Insurance attorney Peter Lencsis provides a unique, objective description of the insurance regulatory system as it exists today in the United States. Concise but comprehensive, it provides an easily grasped, immediately useful explanation of how the regulatory system works. Because of the federal McCarran-Ferguson Act, most insurance regulation is left to the individual states, and is thus non-uniform. But there is still a common pattern to state regulation, explains Lencsis, due in large part to the activities of the National Association of Insurance Commissioners and its own uniform standards. Lencsis covers the formation and licensing of insurance companies and the regulation of their underwriting and investment activities, as well as the insurance insolvency laws and guaranty funds, assigned risk plans, reinsurance, holding companies, and the regulation of agents and brokers. An important resource for insurance industry professionals, and others in regulatory agencies of the public sector.
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Handbook of Research on Urban Politics and Policy in the United States
By Ronald K. Vogel
Publisher:Greenwood Press Number Of Pages:464 Publication Date:1997-01-30 ISBN-10 / ASIN:0313291667 ISBN-13 / EAN:9780313291661 Binding:Hardcover
Book Description:
A comprehensive reference work which provides a way to access research on urban politics and policy in the United States. Experts in the field guide readers through major controversies, while evaluating and assessing the subfields of urban politics and policy. Each chapter follows the same basic organization with topics such as methodological and theoretical issues, current states of the field, and directions for future research. For students, this work provides a starting place to guide them to the most important works in a particular subfield and a context to place their work in a larger body of knowledge. For scholars, it serves as a reference work for immediately familiarity with subfields of the discipline, including classic studies and major research questions. For urban policymakers or analysts, the handbook provides a wealth of information and allows quick identification of existing academic knowledge and research relevant to the problem at hand.
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Historical Encyclopedia of U.S. Independent Counsel Investigations
By Gerald S. Greenberg
Publisher:Greenwood Press Number Of Pages:550 Publication Date:2000-09-30 ISBN-10 / ASIN:0313307350 ISBN-13 / EAN:9780313307355 Binding:Hardcover
Book Description:
This volume is a compilation of the U.S. federal special prosecutor/independent counsel investigations spanning the complete twenty-one year tenure from 1978-1999 of the independent counsel statute. The entries include individuals who have served as investigators; those who have been targets of investigations; all attorney generals who have called for appointment of special prosecutors; all presidents during whose terms of office such prosecutors served; and all legal cases that served to argue for or against the constitutionality of the independent counsel statute. These historical precedents are traced from Ulysses Grant's appointment of a special prosecutor to investigate the St. Louis Whiskey Scandal in 1875. More contemporary cases include Watergate, precipitated by Richard Nixon's "Saturday Night Massacre" dismissal of Special Prosecutor Archibald Cox in 1973; Independent Counsel Lawrence Walsh's Iran-Contra Investigation; and Special Prosecutor Ken Starr's Whitewater investigation of the Clintons and the ensuing permutations which brought individuals like Linda Tripp and Monica Lewinsky to prominence and also brought the statute calling for such investigations into constitutional debate. The book is fully cross-referenced and contains a comprehensive bibliography and index. It will be of interest to scholars and students of American History and Constitutional History.
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Lawyers, Money, and Success: The Consequences of Dollar Obsession
By
Macklin Fleming
Publisher:Quorum Books Number Of Pages:168 Publication Date:1997-11-30 ISBN-10 / ASIN:1567201342 ISBN-13 / EAN:9781567201345 Binding:Hardcover
Book Description:
Retired Justice Macklin Fleming argues that in its quest for money, the legal profession has lost sight of its true tasks and responsibilities, with the result that the profession is rife with client dissatisfaction, public distrust, and individual lawyer discontent. Money is now the measure of success, he says, and honesty has been diluted, while fiduciary responsibility has eroded. Fleming elaborates his case with unusual rigor. "In the quest for the brass ring of financial success, corner-cutting, absence of candor, and distortions of fact have become increasingly tolerated, to the extent that clients, the public, and lawyers themselves no longer have a sense of trust and confidence in the legal profession." Obviously, changes are needed, and unless they come from within the firms themselves, lawyers can be sure that they will come from individuals, agencies, and organizations outside these firms. Attorneys in all kinds of practices, their clients in all sectors of the economy, and academics concerned with the practice of law in all its dimensions will find Fleming's book informative, challenging, and certainly provocative reading. Fleming starts by examining what he sees as a paradox: a large increase in lawyers' fees despite a fourfold increase in lawyer numbers and a threefold increase in their proportion of the general population. "What happened to the law of supply and demand?" he asks. After tracing the history of the large corporate law firm and its dominance within the profession, he shows how cost-effectiveness within large firms has declined while at the same time what he calls "the magic of the emperor's new clothes" has suspended the law of supply and demand. He discusses excessive legal fees, their resistance to client and court controls, and relates his discussion to the present pervasive distrust of lawyers among the public. Fleming outlines the four existing challenges to business-as-usual by lawyers and law firms, and then ventures his own analysis of the needed future changes in law firms. These include professional law firm management under a less archaic structure, effective integrity and quality controls, cost-controlled delivery of legal services, and increased job satisfaction for its working lawyers.
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Managing People in Today's Law Firm: The Human Resources Approach to Surviving Change
Ellen Weisbord, Bruce H. Charnov, Jonathan Lindsey
Publisher:Quorum Books Number Of Pages:224 Publication Date:1995-07-30 ISBN-10 / ASIN:0899308341 ISBN-13 / EAN:9780899308340 Binding:Hardcover
Book Description:
Despite clear evidence of a serious decline in morale, the major competitors in the law firm management marketplace have virtually ignored the motivational facet of current managerial theory and practice. As evidenced by a review of the literature dealing with law firm management, including major books, handbooks, and professional seminar outlines, there has existed until now no treatment of current management theory and practice as it pertains to law firms. In addressing human resources topics as they apply to the modern law firm, this book fills a genuine void in an area which is of major importance to law firms challenged to remain profitable in an increasingly hostile environment. Managing People in Today's Law Firm: The Human Resources Approach to Surviving Change provides a comprehensive treatment of critical aspects of modern management: motivation, communication, organizational culture, structure and strategy, power and politics, recruitment and training, the reward-performance-retention dynamic, performance appraisal, and planned change. Grounded in managerial theory and research, based on extensive practice, and exemplified by anecdotal "war stories," this book makes valuable reading for partners, associates, managers, and future members of law firms--and offers important ideas for motivating members of all professional service firms. Intended for law firms and lawyers within them, solo practitioners who contemplate joining with others in a firm partnership, law school libraries, and general and professional association libraries including bar associations on the state and local levels.
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Utah State Constitution: A Reference Guide (Reference Guides to the State Constitutions of the United States)
By Jean Bickmore White
Publisher:Greenwood Press Number Of Pages:264 Publication Date:1998-07-30 ISBN-10 / ASIN:0313293511 ISBN-13 / EAN:9780313293511 Binding:Hardcover
Book Description:
The constitution of Utah, born of religious conflict, is explained in detail in this addition to the Greenwood series: "Reference Guides to the State Constitutions of the United States." It represents a comprehensive review of the unique historical background and the 100-year development of the Utah State Constitution. Written for the beginning of statehood in 1896, the original constitution survived until the early 1970s with little change. Since that time it has responded to a wave of constitutional reform that has produced change in virtually every article. This reference guide shows these changes section-by-section and explores their purpose and meaning. This book will be of interest for students of government and law.
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Moser on Music Copyright
By David J. Moser
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Publisher: Cengage Learning
Number Of Pages: 232
Publication Date: 2006-03-01
ISBN-10 / ASIN: 1598631438
ISBN-13 / EAN: 9781598631432
Binding: Paperback
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Book Description:
Knowledge of copyright law is essential to anyone who hopes to have a career in music. It fosters an environment where musicians and songwriters can share their creations with the public and know that their music will not be manipulated or misused without their consent and, most important, that they will be paid for their work. Without copyright law, there would be far less incentive for anyone to make music, and almost no incentive for record labels to produce, market, and sell it. Understanding copyright law is particularly relevant today, as Internet file sharing and CD burning have made music copyright law front-page news. In this book, David J. Moser provides students, educators, lawyers, and anyone in the music industry with a thorough understanding of copyright law, what it protects, the benefits of registering a copyright, and what to do when your copyright has been infringed. Controversies involving copyright and online music are also discussed in detail, with case studies of the recent blockbuster cases in this area, including the lawsuits against Napster, Grokster and more. Although written in clear and readable language, this book is an in-depth resource providing detailed explanations of copyright law's application to music and has been used as a text by institutions such as Fordham University Law School, Loyola University, New York University, Northeastern University and UCLA.
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An Introduction to Forensic Genetics
By William Goodwin, Adrian Linacre, Sibte Hadi
Publisher: Wiley Number Of Pages: 162 Publication Date: 2007-11-02 ISBN-10 / ASIN: 0470010266 ISBN-13 / EAN: 9780470010266 Binding: Paperback
Book Description:
An Introduction to Forensic Genetics is a comprehensive introduction to this fast moving area from the collection of evidence at the scene of a crime to the presentation of that evidence in a legal context. The last few years have seen significant advances in the subject and the development and application of genetics has revolutionised forensic science.
This book begins with the key concepts needed to fully appreciate the subject and moves on to examine the latest developments in the field, illustrated throughout with references to relevant casework. In addition to the technology involved in generating a DNA profile, the underlying population biology and statistical interpretation are also covered. The evaluation and presentation of DNA evidence in court is discussed as well with guidance on the evaluation process and how court reports and statements should be presented.
An accessible introduction to Forensic Genetics from the collection of evidence to the presentation of that evidence in a legal context Includes case studies to enhance student understanding Includes the latest developments in the field focusing on the technology used today and that which is likely to be used in the future Accessible treatment of population biology and statistics associated with forensic evidence This book offers undergraduate students of Forensic Science an accessible approach to the subject that will have direct relevance to their courses. An Introduction to Forensic Genetics is also an invaluable resource for postgraduates and practising forensic scientists looking for a good introduction to the field.
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High-Stakes Antitrust: The Last Hurrah?
American Enterprise Institute Press | ISBN 081573395X | 2003 Year | PDF | 0,62 Mb | 160 Pages
After nearly twenty years of a \"less is more\" approach to antitrust, the Department of Justice under the Clinton administration took action against several major corporations that rely on financial, transportation, and electronic networks to support their business—Visa/MasterCard, American Airlines, and Microsoft.
In High Stakes Antitrust, noted scholars with divergent opinions examine the impact and validity of the Justice Department’s actions. Some believe that it was well within the law to pursue these companies, while others argue that the administration exceeded its authority. They all agree, however, that the impact of the Clinton administration’s antitrust policies will be felt for quite some time.
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Justice and the Social Contract: Essays on Rawlsian Political Philosophy
By Samuel Freeman
Publisher: Oxford University Press, USA Number Of Pages: 352 Publication Date: 2006-11-09 ISBN-10 / ASIN: 0195301412 ISBN-13 / EAN: 9780195301410 Binding: Hardcover
Book Description:
John Rawls (1921-2002) was one of the 20th century's most important philosophers and continues to be among the most widely discussed of contemporary thinkers. His work, particularly A Theory of Justice, is integral to discussions of social and international justice, democracy, liberalism, welfare economics, and constitutional law, in departments of philosophy, politics, economics, law, public policy, and others. Samuel Freeman is one of Rawls's foremost interpreters. This volume contains nine of his essays on Rawls and Rawlsian justice, two of which are previously unpublished. Freeman places Rawls within historical context in the social contract tradition, addresses criticisms of his positions, and discusses the implications of his views on issues of distributive justice, liberalism and democracy, international justice, and other subjects. This collection will be useful to the wide range of scholars interested in Rawls and theories of justice.
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In the Shadow of Death: Restorative Justice and Death Row Families
By Elizabeth Beck, Sarah Britto, Arlene Andrews
Publisher:Oxford University Press, USA Number Of Pages:336 Publication Date:2007-01-11 ISBN-10 / ASIN:0195179412 ISBN-13 / EAN:9780195179415 Binding:Hardcover
Book Description:
The press called Martin's actions a "crime spree." Already convicted of armed robbery, Martin was facing the death penalty. In less than two weeks the jury would decide his fate. Terrified that his son would be sentenced to die, Phillip did the only thing he felt he could do: in an act of faith and desperation in his garage with the car exhaust running, Phillip made the consummate sacrifice to spare his son the ultimate punishment. Ironically, his suicide presented Martin's with another chance at life; the jury, moved by Martin's loss, spared his life. Phillip's story-like those of the other parents, siblings, children, and cousins chronicled in this book-vividly illustrates the precarious position family members of capital offenders occupy in the criminal justice system. At once outsiders and victims, they live in the shadow of death, crushed by trauma, grief, and helplessness. In this penetrating account of guilt and innocence, shame and triumph, devastating loss and ultimate redemption, the voices of these family members add a new dimension to debates about capital punishment and how communities can prevent and address crime. Restorative justice theory, which views violent crime as an extreme violation of relationships; searches for ways to hold offenders accountable; and meets the needs of victims and communities torn apart by the crime, organizes these narratives and integrates offenders' families into the process of transforming conflict and promoting justice and healing for all. What emerges from hundreds of hours' worth of in-depth interviews with family members of offenders and victims, legal teams, and leaders in the abolition and restorative justice movements is a vision of justice strongly rooted in the social fabric of communities. Showing that forgiveness and recovery are possible in the wake of even the most heinous crimes, while holding victims' stories sacred, this eye-opening book bridges the pain of living in the shadow of death with the possibility of a reparative form of justice. Anyone working with victims, offenders, and their families-from lawyers and social workers to mediators and activists-will find this riveting work indispensable to their efforts.
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Political Change and Environmental Policymaking in Mexico (Latin American Studies: Social Sciences & Law)
By
Jordi Diez
Publisher: Routledge Number Of Pages: 302 Publication Date: 2006-02-23 ISBN-10 / ASIN: 0415978459 ISBN-13 / EAN: 9780415978453 Binding: Hardcover
Book Description:
This book explores environmental policymaking in Mexico as a vehicle to understanding the broader changes in the policy process within a system undergoing a democratic transformation. It constitutes the first major analysis of environmental policymaking in Mexico at the national level, and examines the implementation of forestry policy in Mexico's largest rain forest, the Selva Lacandona of the state of Chiapas.
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Latino-Anglo Bargaining: Culture, Structure, and Choice in Court Mediation (Latino Communities: Emerging Voices--Political, Social, Cultural and Legal Issues)
By
Christine Rack
Publisher: Routledge Number Of Pages: 344 Publication Date: 2006-02-02 ISBN-10 / ASIN: 0415974585 ISBN-13 / EAN: 9780415974585 Binding: Hardcover
Book Description:
This book shows the mechanisms by which cultural differences reinforce structural privilege & disadvantage in the informal process of mediated negotiation. Are all people equally likely to pursue their own material self-interest in the negotiation process used in small claims mediation? Did Latinos and Anglos bargain more generously with members of their own group? The central questions, derived from theories of ethnic and gender differences, concerned how, and to what degree, culture, structure, and individual choice operated to alter the goals, bargaining process and outcomes, expressed motivations and outcome evaluations for outsider groups. This book demonstrates how there are real cultural differences in the way that Latinos and Anglos pursue monetary justice that defy dominant assumptions that all culture groups are equally likely to maximize their own outcomes at the expense of others.
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China's Death Penalty: History, Law, and Contemporary Practices (Routledge Advances in Criminology)
By
Hong Lu, Terance D. Miethe
Publisher: Routledge Number Of Pages: 272 Publication Date: 2007-04-25 ISBN-10 / ASIN: 0415955696 ISBN-13 / EAN: 9780415955690 Binding: Hardcover
Book Description:
P By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors treatment of Chinas death penalty is legal, historical, and comparative. In particular, they examine; /P UL LI the substantive and procedures laws surrounding capital punishment in different historical periods /LI LI the purposes and functions of capital punishment in China in various dynasties /LI LI changes in the method of imposition and relative prevalence of capital punishment over time /LI LI the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. /LI /UL P Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.
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The Language of Law School: Learning to "Think Like a Lawyer"
By Elizabeth Mertz
Publisher: Oxford University Press, USA Number Of Pages: 336 Publication Date: 2007-01-08 ISBN-10 / ASIN: 0195182863 ISBN-13 / EAN: 9780195182866 Binding: Hardcover 下载地址：
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Research in Law and Economics, Volume 22: A Journal of Policy (Research in Law and Economics)
By Richard O. Zerbe, John B. Kirkwood
Publisher: JAI Press Number Of Pages: 270 Publication Date: 2007-04-06 ISBN-10 / ASIN: 076231348X ISBN-13 / EAN: 9780762313488 Binding: Hardcover
Book Description:
* John Connor describes and evaluates the results of his extensive survey of reports of cartel overcharges.
* Dennis Weisman models the price effects of mergers that not only increase concentration in the relevant market but also increase the merged firms' participation in other, complementary markets.
* Malcolm Coate and Mark Williams develop a superior method for calculating critical loss in markets that are relatively homogenous and competitive premerger.
* Zhiqi Chen surveys recent developments in economic theories of buyer power and creates a general framework for antitrust analysis.
* Thomas J. Miceli and Kathern Segerson, given the difficulty of collecting damages after a long latency period, examine the desirability of granting toxic exposure victims an independent cause of action for medical monitoring at the time of exposure. They shows that such a cause of action incarease incentives for injurer care but only at the cost of greater litigation cost. the reluctance of courts to adopt such a proposed cause of action reflects theri awareness of this trade-off.
*Each chapter examines in depth a topic in law and economics.
*Written by leading experts in the field.
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