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[【立法评述】] yifei 专供:外文法律书籍系列(请勿回帖)

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Competing With the Government: Anticompetitive Behavior and Public Enterprises (Hoover Institution Press Publication)
By R. Richard Geddes, R. Richard Geddes, David E. M. Sappington, J. Gregory Sidak, Peter J. Wallison

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Publisher:  Hoover Institution Press
Number Of Pages:  120
Publication Date:  2004-03
ISBN-10 / ASIN:  081793992X
ISBN-13 / EAN:  9780817939922
Binding:  Paperback


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Book Description:


Government-owned and government-subsidized firms compete with private firms in a variety of activities but are often endowed with privileges and immunities not enjoyed by their private rivals. Competing with the Government reveals how these privileges give government firms an artificial competitive advantage that fosters a wide range of potentially harmful effects. Examining a variety of instances in which government and private firms compete—including freight carriage, electric utilities, financial services, and others—the authors raise fundamental questions about the proper relationship between business and government in a market economy and underline the need for significant policy change regarding competition between government and private firms. Drawing from a wealth of case studies, they detail how state-owned enterprises (SOEs) enjoy an array of government-granted privileges and immunities that can be used anticompetitively, revealing why an SOE is more likely to engage in anticompetitive behavior than a privately owned firm—and why anticompetitive behavior by SOEs is likely to be harmful to society. They show how the U.S. Postal Service—as well as postal services abroad—have consistently been guilty of anticompetitive behavior. And they make a strong case that government-sponsored enterprises such as Fannie Mae and Freddie Mac have actually violated the Sherman antitrust act by monopolizing the automated underwriting market.
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Crony Capitalism and Economic Growth in Latin America: Theory and Evidence
By Revolution, and Peace Hoover Institution on War, Revolution, and Peace Hoover Institution on War, Stephen Haber

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Publisher:  Hoover Institution Press
Number Of Pages:  157
Publication Date:  2002-03-20
ISBN-10 / ASIN:  0817999620
ISBN-13 / EAN:  9780817999629
Binding:  Paperback


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Book Description:


Of all the factors blamed for the Asian economic collapse of 1997, one stands out above all as the primary reason for the surprisingly rapid meltdown of East Asian economies: crony capitalism. But this system—in which those close to political policymakers receive favors allowing them to earn returns far above market value—is not limited to Asia. Crony systems are found around the world, and in no region of the world have they been as fundamental a feature of the economy as in Latin America. In this book, Stephen Haber and his expert contributors examine the causes and consequences of cronyism in Latin America. Drawing from case studies in Mexico, Brazil, and other countries around the world, they answer key questions about this pervasive phenomenon, examining why crony economic systems come into being, how they get re-created over time even in the face of dramatic regime changes, why they survive despite being detrimental to growth, and, most important, how crony capitalism can be reformed. Crony Capitalism and Economic Growth in Latin America does not attempt to cover all the wide-ranging issues related to the political economy of crony capitalism. It does, however, offer a powerful point of departure—in terms of both theory and empirical research—from which further knowledge can be developed.
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The Economics of Forced Labor: The Soviet Gulag
By Robert Conquest, Paul R. Gregory, Valery V. Lazarev

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Publisher:  Hoover Institution Press
Number Of Pages:  212
Publication Date:  2003-10
ISBN-10 / ASIN:  0817939423
ISBN-13 / EAN:  9780817939427
Binding:  Paperback


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Book Description:


Until now, there has been little scholarly analysis of the Soviet Gulag as an economic, social, and political institution, primarily owing to a lack of data. This collection presents the results of years of research by Western and Russian scholars. The authors provide both broad overviews and specific case studies as they examine

The various forms of coercion and the channels through which coerced labor was distributed under Stalinism's heyday, from the late 1930s to the early 1950s
Why the Gulag emerged and its perceived economic rationale
The chronology of the Gulag from the first major projects—such as the White Sea–Baltic Canal—to the unfinished plans of the 1950s
The day-to-day costs of maintaining the Gulag and the great hidden cost of coercion—the loss of productivity
How the Soviet leadership desperately sought to find the right balance between extreme coercion and extreme material incentives for the labor force—and how material incentives played an increasingly greater role in later years
How Stalin's death provided the excuse for radical reform and the end of the Gulag
Seen together, these contributions present an extraordinary portrait of a major aspect of the Soviet approach to economic achievement whose results should provide an invaluable lesson to future generations.
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Liberty and Research and Development: Science Funding in a Free Society (Hoover Institution Press Publication)
By Tibor R. Machan

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Publisher:  Hoover Inst Pr
Number Of Pages:  124
Publication Date:  2002-08
ISBN-10 / ASIN:  0817929428
ISBN-13 / EAN:  9780817929428
Binding:  Paperback


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Book Description:


Since World War II, it has become generally accepted that most advanced scientific research will be funded by the federal government. But despite the usefulness of some of these expenditures, there remains the question of whether the funds were necessarily deployed in the best way. How would the money have been spent had it remained in private hands? Might some other projects have served more valuable purposes? And could these alternative projects have been pursued by government, or is the private sector better equipped to discern and to pursue such purposes? The contributors to this volume explore the implications of government funding of scientific research and offer alternatives to the heavy reliance on government support that research and development (R&D) currently enjoys. Not every author reaches the same conclusions, but each squarely confronts the problems arising from the idea that government funding of R&D is and ought to be the norm. Contributions include a balanced, in-depth look at the Australian government's investment in research, showing that there is a role for government that is not simply dependent on public good or market failure. The book also offers a discussion of what the limits of government-funded research should be—and why it is critical to separate research and government regulation. It presents an examination of federal research funding in the physical sciences and engineering, showing that it appears to work—but that there is no real principle to justify the spending or establish that the money is spent effectively. And it provides a thoughtful reflection on the role of scientific research in a free society, raising the question: Does state involvement in research lead to more or less freedom?
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Liberty and Hard Cases (Philosophic Reflections on a Free Society)
By Tibor R. Machan

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Publisher:  Hoover Institution Press
Number Of Pages:  107
Publication Date:  2002-05
ISBN-10 / ASIN:  0817928022
ISBN-13 / EAN:  9780817928025
Binding:  Paperback


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Book Description:


Our free society rests on the fact that human beings are first and foremost sovereign individuals with the capacity for self-rule and self-directedness. But what do we do when disaster strikes? Could a fully free society preserve its liberty while also handling emergencies effectively? Natural calamities—earthquakes, floods, tornadoes, and the like—seem to warrant an expansion of governmental authority beyond what a free society would sanction. But principles, says Tibor Machan, are tested by such hard cases. Despite the temptation to abandon the principle of limited government in the face of calamities, we might do well to encourage the development of institutions that could handle these problems without the involvement of government. Liberty and Hard Cases explores whether government action is in fact indispensable under such circumstances and what might be done to restrain the expansion of the scope of governmental power if indeed emergency circumstances warrant governmental intervention. The contributors examine

The role of government in responding to national catastrophes: how the state exploits its role to expand the scope of its authority beyond its original justification
Whether it is in any way possible to preserve our liberty in a society where we authorize government to protect us from natural disasters
Why government involvement in catastrophe insurance forces a redistribution of risks and costs that is morally indefensible
The role of the free market in dealing with natural disaster—and why economic development provides the best protection against natural hazards
The case for fully privatizing catastrophe insurance—and how to make it work
Ways to reduce—though perhaps not completely diminish—the scope of government in disaster relief
In emergencies—especially those that have a wide impact on a society—the opportunities for demagoguery abound, as those who administer public policy become the ultimate arbiters of what will be acceptable public policy. Liberty and Hard Cases offers a refreshing approach to maintaining our individual freedom in the face of calamity.
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Neither Left Nor Right: Selected Columns (Hoover Institution Press Publication) (Hoover Institution Press Publication)
By Tibor R. Machan

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Publisher:  Hoover Inst Pr
Number Of Pages:  312
Publication Date:  2004-01-06
ISBN-10 / ASIN:  0817939822
ISBN-13 / EAN:  9780817939823
Binding:  Paperback


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Book Description:


For more than two decades, Tibor Machan—a relentless advocate of the political philosophy of libertarianism—has championed the sovereignty of the individual. As he himself puts it, even "when I might lie back to enjoy a moment of triumph, the euphoria of doing well at something—I find the point about the price of liberty being eternal vigilance nearly impossible to lay aside." In this book, a collection of his columns written for newspapers published by Freedom Communications, as well as pieces written for other publications and websites, Machan offers his always well-reasoned, often controversial opinions on the variety of threats to individual liberty in the United States and around the world. He includes a wide range of thoughts on why individual liberty is so important, along with insightful musings on nonconformity, self-importance, and moral virtue on the wane. He examines sex and politics in America—from Clinton's duplicity toward women to the insidious prejudice of "cultural identity"—and also shares his impressions of such well-known figures as Margaret Thatcher, Shelby Steele, and others. Machan also offers his take on America since 9/11, including thoughts on government, liberty, and security, why Islamists detest America, and much more. And, of course, he examines the ongoing conflict of the individual versus the state on numerous battlegrounds, from public schools to the Internet. Throughout this collection, Machan repeatedly seizes the intellectual offensive against those who seem to believe that only laws and bureaucrats can make life better—and provides a rigorous moral case for natural rights, individualism, and capitalism.
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Remaking Domestic Intelligence (Hoover Institution Press Publication)
By Richard A. Posner

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Publisher:  Hoover Institution Press
Number Of Pages:  95
Publication Date:  2005-09-16
ISBN-10 / ASIN:  0817946829
ISBN-13 / EAN:  9780817946821
Binding:  Paperback


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Book Description:


A new solution for reforming U.S. domestic intelligence Domestic intelligence in the United States today is undermanned, uncoordinated, technologically challenged, and dominated by an agency—the FBI—that is structurally unsuited to play the central role in national security intelligence. Despite its importance to national security, it is the weakest link in the U.S. intelligence system. In Remaking Domestic Intelligence, Richard A. Posner reveals all the dangerous weaknesses undermining our domestic intelligence in the United States and offers a new solution: a domestic intelligence agency modeled on the concept and basic design of the Canadian Security Intelligence Service. He details why the FBI, because its primary activity is law enforcement, is not the solution to the problem of domestic intelligence and how a new agency, lodged in the Department of Homeland Security, would have no authority to engage in law enforcement and thus avoid the deep tension between criminal investigation and national security intelligence that plagues the FBI. He also shows how a new U.S. domestic intelligence agency might offer additional advantages over our current structure even in terms of civil liberties. Richard A. Posner is a judge on the U.S. Court of Appeals for the Seventh Circuit and a senior lecturer at the University of Chicago Law School.
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Fixing Russia's Banks: A Proposal For Growth
By Alvin Rabushka, Michael S. Bernstam

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Publisher:  Hoover Institution Press
Number Of Pages:  114
Publication Date:  
ISBN-10 / ASIN:  0817995722
ISBN-13 / EAN:  9780817995720
Binding:  Paperback


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Book Description:


There are more U.S. dollars under mattresses in Russia today than the total value of all ruble deposits in Russian banks. This fact highlights the failure of the Russian government to foster the establishment of real banks that would fulfill the fundamental role of banks everywhere—financing production by mobilizing household savings and lending them to productive enterprises. Fixing Russia's Banks documents how Russia's financial system is built on what Michael S. Bernstam and Alvin Rabushka call ersatz banks. These inferior imitation banks have served largely as tools of the government to redistribute public funds to favored firms. The highly vaunted achievements of privatization, removal of price controls, and foreign trade liberalization have failed to produce growth because of a lack of private financing. National income has declined nearly 40 percent since 1992, with no recovery in sight. Bernstam and Rabushka have painstakingly reconstructed the balance sheets of Russia's commerical banks to show that the banking system has been collectively insolvent since 1991. Russian banks have been kept afloat by injections of inflationary credit, by preferred sales of high-interest bonds, and by sales of shares in state-owned natural resource firms to the banks at bargain basement prices for final resale to foreigners. Failing to fix Russia's banks risks further economic stagnation or decline and financial catastrophe. Bernstram and Rabushka's bold intriguing, provocative proposal—resting on an elaborate strategy of debt-for-equity swaps—would fix the banks, reduce government debt, strengthen the independence of the Central Bank, and lay a solid foundation for sustained economic growth.
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The Second Twentieth Century: How the Information Revolution Shapes Business, States And Nations (Hoover Institution Press Publication)
By Jean-Jacques Rosa

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Publisher:  Hoover Institution Press
Number Of Pages:  390
Publication Date:  2006-10-27
ISBN-10 / ASIN:  0817947426
ISBN-13 / EAN:  9780817947422
Binding:  Paperback


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Book Description:

The universal consequences of the revolution in information technology

The worldwide wave of democratization and the nearly total disappearance of communism at the end of the twentieth century were major economic and political changes of our time. These earth-shaking changes lead us to raise the question, Why now? Why did these developments occur as they did, when they did? In this book, Jean-Jacques Rosa offers an analysis of the "grand cycle" in social organization of the twentieth-century. He shows how the transformation in communication and information technology has led to the downfall of twentieth-century political and corporate hierarchies and is a driving force behind today's democratic free-market trend.

The author reveals the universal contemporary consequences, both good and bad, of the information technology revolution. He explains how it is bringing relentless corporation downsizing and shrinking bureaucratic government structures but will also continue to be a factor in the rise of terrorism and secessionist and regionalist movements around the world. Rosa also brings an important historical perspective to current developments, explaining why democracy was abandoned by nearly every country in the world between the 1920s and 1960s and why totalitarian regimes prospered in the 1950s but began to rapidly fall behind democracies in the 1980s.

Jean-Jacques Rosa's detailed economic, organizational, and technical analysis presents a captivating insight into the history, politics, and ideology of corporations and nation-states at the beginning of the twenty-first century.

Jean-Jacques Rosa is a professor of economics and finance at Institut d'Edtudes Politiques (Sciences Po, Paris) and dean of the MBA Sciences Po Program, which he launched there in 1993. He is a member of the Mont P茅lerin Society, the American Economic Association, and the American Finance Association.
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Turning Points in Ending the Cold War (Hoover Institution Press Publication)
By Pavel Palazhchenko, George P. Schultz, Kiron K. Skinner

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Publisher:  Hoover Institution Press
Number Of Pages:  358
Publication Date:  2007-12-30
ISBN-10 / ASIN:  0817946314
ISBN-13 / EAN:  9780817946319
Binding:  Paperback


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Book Description:


How and why the cold war was finally brought to an end

Twenty years ago, as the United States and the Soviet Union were sliding into yet another round of dangerous confrontation, no one could have imagined that only a decade later the cold war would be over and that Russia and the West would embark on an unprecedented course of economic, political, and military cooperation. How did it happen? The essays in this collection offer illuminating insights into the key players--Ronald Reagan, Mikhail Gorbachev, Boris Yeltsin, and others--and the monumental events that led to the collapse of communism. The expert contributors examine the end of d茅tente and the beginning of the new phase of the cold war in the early 1980s, when U.S.-Soviet relations seemed to hit a new low. They detail Reagan's radical new strategies aimed at changing Soviet behavior. And they analyze the essence and origins of Mikhail Gorbachev's "new political thinking"--his realization that the cold war was not in Russia's interest and could not end unless his country changed itself-and its critical role in the ultimate transformation of the Soviet Union. In addition the authors describe the peaceful democratic revolutions in Poland and Hungary, the events that brought about the reunification of Germany, the role of events in Third World countries, the critical contributions of Yeltsin, and more. Kiron Skinner is a research fellow at the Hoover Institution at Stanford University, and an assistant professor of history and political science at Carnegie Mellon University. Contributors: Alexei Arbatov, Karen Brutents, Anatoly Cherniaev, Oleg Grinevsky, David Holloway, Robert Hutchings, Jack F. Matlock Jr., Michael McFaul, George Mirsky, Nikolai Petrov, Condoleezza Rice, Peter Rodman, Kiron Skinner, Philip Zelikow, Vladislav Zubok
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Ever Wonder Why? And Other Controversial Essays
By Thomas Sowell

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Publisher:  Hoover Institution Press
Number Of Pages:  460
Publication Date:  2006-11-13
ISBN-10 / ASIN:  0817947523
ISBN-13 / EAN:  9780817947521
Binding:  Paperback


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Book Description:

"The desire of individuals and groups to puff themselves up by imposing their vision on other people is a recurring theme in the culture wars"

Thomas Sowell takes on a range of legal, social, racial, educational, and economic issues--along with "the culture wars"--in this latest collection of his controversial, never boring, always thought-provoking essays. From "gun control myths" to "mealy mouth media" to "free lunch medicine," Sowell gets to the heart of the matters we all care about with his characteristically unswerving candor.

Sowell skewers the "mealy mouth media" that calls terrorists "insurgents" and rioters "demonstrators." He reveals how "the idiocy of relevance" in learning has been particularly destructive in the education of minority students at all levels. He explains how a free market and a strict construction of the 14th Amendment would never have permitted the laws that asked Rosa Parks to give up her seat to a white man. And he clarifies the confusion between equal opportunity and equal results that resides behind many kinds of "spoiled brat politics."

With Ever Wonder Why?--drawn from the best of his popular syndicated newspaper columns--Sowell once again takes dead aim at the self-righteous and self-important forces in government, media, education, and other areas of our society, offering the thoughtful perceptions, commonsense insights, and straightforward honesty we have come to expect from one of conservatism's most articulate voices.

Thomas Sowell is a senior fellow at the Hoover Institution, Stanford University. Among his published works are Basic Economics, Late Talking Children, and Race and Culture. He has also published in both academic journals and the popular media including Newsweek, Forbes, the Wall Street Journal, and 150 newspapers that carry his nationally syndicated column.
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The California Electricity Crisis
By James L. Sweeney

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Publisher:  Hoover Institution Press
Number Of Pages:  350
Publication Date:  2002-07-17
ISBN-10 / ASIN:  0817929126
ISBN-13 / EAN:  9780817929121
Binding:  Paperback


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Book Description:


Since the spring of 2000, energy problems have plagued California. Californians have faced blackouts, seen the state budget surplus disappear, watched Pacific Gas and Electric file for bankruptcy, and listened to state officials point fingers at many organizations and individuals for allegedly causing the crisis. The chain of events began as an opportunity for California to restructure and improve its electricity system. But after political leaders mismanaged the electricity crisis, California now faces an electricity blight while it struggles to recover from its self-imposed wounds. The California Electricity Crisis focuses on policy decisions, their consequences, and alternatives: the saga California has faced and is still facing. Throughout this saga, one policy decision led logically to another, yet at almost every juncture very different choices were possible. James L. Sweeney examines how the opportunity for restructuring was turned into risk, how challenges of increased demand for electricity and escalating wholesale costs were mishandled, and how the growing crisis ultimately turned into disaster. He documents how the California governor and legislature responded to the short-term crisis by adopting ill-conceived long-term measures—creating a harmful legacy for decades to come. But Professor Sweeney also shows how the state can still move past its difficulties by improving electricity markets, reducing risk, and appropriately managing the state's financial obligations.
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Liberal Reform in an Illiberal Regime: The Creation of Private Property in Russia, 1906-1915 (Hoover Institution Press Publication)
By Stephen F. Williams

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Publisher:  Hoover Institution Press
Number Of Pages:  320
Publication Date:  2006-11-02
ISBN-10 / ASIN:  0817947221
ISBN-13 / EAN:  9780817947224
Binding:  Paperback


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Book Description:

An examination of property rights reforms in Russia before the revolution reveals the advantages and pitfalls of liberal democracy in action—from a government that could be described as neither liberal nor democratic. The author analyzes whether truly liberal reform can be effectively established from above versus from the bottom up—or whether it is simply a product of exceptional historical circumstances.
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The Morality of Conflict: Reasonable Disagreement And the Law
By Samantha Besson

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Publisher:  Hart Publishing (UK)
Number Of Pages:  601
Publication Date:  2006-01
ISBN-10 / ASIN:  1841134929
ISBN-13 / EAN:  9781841134925
Binding:  Hardcover
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Principles of the Institutional Law of International Organizations (Cambridge Studies in International and Comparative Law)
By C. F. Amerasinghe

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Publisher:  Cambridge University Press
Number Of Pages:  572
Publication Date:  2005-04-11
ISBN-10 / ASIN:  0521837146
ISBN-13 / EAN:  9780521837149
Binding:  Hardcover


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Product Description:

This second edition of C.F. Amerasinghe's successful book has been revised to include a new chapter on judicial organs of international organizations, as well as a considerably developed chapter on dispute settlement. Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers customary international law as well as the application of the rule to, among others, human rights protection and international organizations.
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Firearms Identification the Laboratory Examination
By J. H. Mathews

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Publisher:  Charles C Thomas Pub Ltd
Number Of Pages:  
Publication Date:  1973-06
ISBN-10 / ASIN:  0398023557
ISBN-13 / EAN:  9780398023553
Binding:  Textbook Binding
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Firearms Identification Original Photographs and Oth
By J. H. Mathews

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Publisher:  Charles C Thomas Pub Ltd
Number Of Pages:  
Publication Date:  1973-06
ISBN-10 / ASIN:  0398023565
ISBN-13 / EAN:  9780398023560
Binding:  Textbook Binding
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A Matter of Interpretation
By Antonin Scalia

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Publisher:  Princeton University Press
Number Of Pages:  128
Publication Date:  1997-01-06
ISBN-10 / ASIN:  0691026300
ISBN-13 / EAN:  9780691026305
Binding:  Hardcover


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Product Description:

We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim--"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal--good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.

In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the "strict constructionism" that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly "smuggle" in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals.

This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia's ideas about judicial interpretation from varying standpoints.
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Ordering the World in the Eighteenth Century (Studies in Modern History)
By Frank O'Gorman, Diana Donald

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Publisher:  Palgrave Macmillan
Number Of Pages:  256
Publication Date:  2006-05-02
ISBN-10 / ASIN:  1403938202
ISBN-13 / EAN:  9781403938206
Binding:  Hardcover


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Product Description:


The Eighteenth century is often represented, applying Tom Paine's phrase, as "The Age of Reason": an age when progressive ideals triumphed over autocracy and obscurantism, and when notions of order and balance shaped consciousness in every sphere of human knowledge. Yet the debates which surrounded the development of eighteenth-century thought were always open to troubling doubts. Was nature itself truly an ordered entity, as Newton had argued, or was it a mass of chaotic, randomly moving atoms, as some materialist thinkers believed? This book explores the tensions and conflicts in these debates through a series of interdisciplinary essays from leading international scholars, each challenging the idea that the eighteenth century was an age of order.
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Privatization and Its Limits in Central and Eastern Europe: Property Rights in Transition (Studies in Economic Transition)
By Hella Engerer

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Publisher:  Palgrave Macmillan
Number Of Pages:  332
Publication Date:  2001-08-25
ISBN-10 / ASIN:  0333751426
ISBN-13 / EAN:  9780333751428
Binding:  Hardcover


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Product Description:


Hella Engerer analyzes the emergence, evolution, and theory of property rights and establishes the limits for privatization of state-owned enterprises in the transitional economies of Eastern Europe. She counters the assumption that reduction of the state sector helps to create the basis for a private property system, showing that privatization presupposes a stable framework for property. This is a major contribution to the understanding of the emerging economic order of Central and Eastern Europe.
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