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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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 楼主| 发表于 2008-10-16 12:10:44 | 显示全部楼层
http://ifile.it/3dcsa1l/0521884268.zip
http://www.filefactory.com/file/2e4118/n/0521884268_zip



Beyond the Law: The Bush Administration's Unlawful Responses in the "War" on Terror
By Jordan J. Paust

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Publisher:  Cambridge University Press
Number Of Pages:  326
Publication Date:  2007-09-24
ISBN-10 / ASIN:  0521884268
ISBN-13 / EAN:  9780521884266
Binding:  Hardcover


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Product Description:

This book provides a detailed exposition of violations of international law authorized and abetted by secret memos, authorizations, and orders of the Bush administration. In particular, it describes why several executive claims were in error, what illegal authorizations were given, what illegal interrogation tactics were approved, and what illegal transfers and secret detentions occurred. It provides the most thorough documentation of cases demonstrating that the president is bound by the laws of war; that decisions to detain persons, decide their status, and mistreat them are subject to judicial review during the war; and that the commander-in-chief power is subject to restraints by Congress.

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 楼主| 发表于 2008-10-16 12:12:22 | 显示全部楼层
http://ifile.it/4ludkw1/0521546648.zip
http://www.filefactory.com/file/fc3e27/n/0521546648_zip



Inside Lawyers' Ethics
By Christine Parker, Adrian Evans

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Publisher:  Cambridge University Press
Number Of Pages:  288
Publication Date:  2007-10-29
ISBN-10 / ASIN:  0521546648
ISBN-13 / EAN:  9780521546645
Binding:  Paperback


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Product Description:

Legal ethics is often described as an oxymoron or contradiction in terms - lay people find the concept amusing and lawyers can find ethics impossible. The best lawyers are those who have come to grips with their own values and actively seek to improve their ethical practise. This book is designed to help law students and new lawyers understand and modify their own ethical priorities, not just because this knowledge makes it easier to practise law and earn an income, but because self-aware, ethical legal practice is right and feels better than anything else. Packed with case studies of ethical scandals and dilemmas from real life legal practice in Australia, each chapter delves into the most difficult issues lawyers face. From lawyers' part in corporate fraud to the ethics of time-based billing, Parker and Evans expose the values that underlie current practice and set out the alternatives ethical lawyers might follow.
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 楼主| 发表于 2008-10-16 12:13:26 | 显示全部楼层
http://ifile.it/qev7rn6/0521873886.zip
http://www.filefactory.com/file/f02240/n/0521873886_zip



The Threat of Force in International Law (Cambridge Studies in International and Comparative Law)
By Nikolas Stürchler

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Publisher:  Cambridge University Press
Number Of Pages:  384
Publication Date:  2007-08-13
ISBN-10 / ASIN:  0521873886
ISBN-13 / EAN:  9780521873888
Binding:  Hardcover


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Product Description:

Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.
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 楼主| 发表于 2008-10-16 12:20:09 | 显示全部楼层
http://ifile.it/ipa09c5/0521850754.zip
http://www.filefactory.com/file/8e7103/n/0521850754_zip



The Troubled Pregnancy: Legal Wrongs and Rights in Reproduction (Cambridge Law, Medicine and Ethics)
By J. K. Mason

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Publisher:  Cambridge University Press
Number Of Pages:  346
Publication Date:  2007-07-30
ISBN-10 / ASIN:  0521850754
ISBN-13 / EAN:  9780521850759
Binding:  Hardcover


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Product Description:

Mason looks at the legal response to those aspects of the troubled pregnancy which require or involve medico-legal intervention. The unwanted pregnancy is considered particularly in the light of the Abortion Act 1967, s.1(1)(d) and the related action for so-called wrongful birth due to faulty ante-natal care. The unexpected or uncovenanted birth of a healthy child resulting from failed sterilisation is approached through an analysis of the seminal case of McFarlane and associated cases involving disability in either the neonate or the mother. The disabled neonate's right to sue for its diminished life is discussed and the legal approach to the management of severe congenital disease is analysed - thus following Baroness Hale in believing that care of the newborn is an integral part of pregnancy. Aspects are considered from historical and comparative perspectives, including coverage of experience in the USA, the Commonwealth and Europe.
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 楼主| 发表于 2008-10-16 12:21:11 | 显示全部楼层
http://ifile.it/cj89uva/0521865174.zip
http://www.filefactory.com/file/448a1e/n/0521865174_zip



The Practice of Human Rights: Tracking Law Between the Global and the Local (Cambridge Studies in Law and Society)
By Mark Goodale, Sally Engle Merry

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Publisher:  Cambridge University Press
Number Of Pages:  396
Publication Date:  2007-08-27
ISBN-10 / ASIN:  0521865174
ISBN-13 / EAN:  9780521865173
Binding:  Hardcover


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Product Description:

Human rights are now the dominant approach to social justice globally. But how do human rights work? What do they do? Drawing on anthropological studies of human rights work from around the world, this book examines human rights in practice. It shows how groups and organizations mobilize human rights language in a variety of local settings, often differently from those imagined by human rights law itself. The case studies reveal the contradictions and ambiguities of human rights approaches to various forms of violence. They show that this openness is not a failure of universal human rights as a coherent legal or ethical framework but an essential element in the development of living and organic ideas of human rights in context. Studying human rights in practice means examining the channels of communication and institutional structures that mediate between global ideas and local situations. Suitable for use on inter-disciplinary courses globally.
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 楼主| 发表于 2008-10-16 12:22:32 | 显示全部楼层
http://ifile.it/pyae9uc/031224021X.zip
http://www.filefactory.com/file/df1025/n/031224021X_zip



Women's Police Stations: Gender, Violence, and Justice in Sao Paulo, Brazil
By Cecilia MacDowell Santos

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Publisher:  Palgrave Macmillan
Number Of Pages:  260
Publication Date:  2005-02-19
ISBN-10 / ASIN:  031224021X
ISBN-13 / EAN:  9780312240219
Binding:  Hardcover


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Product Description:


Women's Police Stations examines the changing and complex relationship between women and the state, and the construction of gendered citizenship. These are police stations run exclusively by police women for women with the authority to investigate crimes against women, such as domestic violence, assault, and rape. S鉶 Paulo was the home of the first such police station, and there are now more than 300 women's police stations throughout Brazil. Cecilia MacDowell Santos examines the importance of this phenomenon in book form for the first time, looking at the dynamics of the relationship between women and the state as a consequence of a political regime as well as other factors, and exploring the notion of gendered citizenship.
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 楼主| 发表于 2008-10-16 12:24:09 | 显示全部楼层
http://ifile.it/nz4pu1a/0765617315.zip
http://www.filefactory.com/file/114fce/n/0765617315_zip



Debating Political Reform in China: Rule of Law VS. Democratization
By Suisheng Zhao

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Publisher:  M.E. Sharpe
Number Of Pages:  295
Publication Date:  2006-06-26
ISBN-10 / ASIN:  0765617315
ISBN-13 / EAN:  9780765617316
Binding:  Hardcover


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Summary: "Consultative rule of law" as a non-cross-culture debate
Rating: 4

Initial Impression:
The question of "Why has China not embraced democracy?" must be answered by also looking at the following questions:
1. What are the reasons of China's "dynastic cycle"?
2. Why can market capitalism go without multi-party contested democracy?
3. What are the causes of contested democracy?
4. Does contested democracy really have its "moral superiority"?
All these questions need to be addressed with an open mind in reference to China's party politics (meritocracy as a form of oligarchy) and America's democratic reality (plutocracy as a form of oligarchy).

Comments on Pan Wei's paper:
Pan's simple characterization of "periodic election" and "rule of law" produces some refreshing ideas that are strikingly similar with those by New Institutional Economics (NIE). But Pan's focus is more comparative politics than comparative cultural Economics. The argument that rule of law rather than electoral democracy leads to political stability, social freedom, and economic prosperity echoes NIE's view that social development is the result of adaptive institutions and their effective enforcement with intentionality.

However, pan's paper is too much utilitarian-oriented and policy-driven and its simple characterization fatally lacks necessary theoretical thickness required by the topic. Its analysis on Chinese culture emphasizes the harmonious aspect yet neglects its autocratic and connection-based nature, which unfortunately causes the negligence of the leadership structure issue and the law enforcement issue. As a result, it offers only a simplistic two-point analysis for China's dynastic crisis, and takes an idealistic view for "rule of law" (as if law enforcement is automatic and culturally neutral). A bigger problem is it uses this single-dimension cultural argument to explain why China can't embrace democracy, which makes it fail to avoid looking only at one corner inside the box and fail to stand out of the box to be sensitive to the normative value issue and the cultural psychology issue.

Overall, it feels like Pan is using a dinner table knife to fight on two fronts of a risky war. To Chinese policy makers, his "consultative rule of law" is still too radical (especially the separation of government power, and the four basic freedoms); to those Western liberalists who are trapped in the "one culture prison", it fails to convince them with only the analysis of Third World failing democracy and American democratic imperialism. When he asks himself a grand question like "Why has China not embraced democracy?", it is simply impossible to avoid John Rawls and James Buchanan, not to mention a perspective from cultural psychology. With these all said, Pan's paper is a huge success in terms of drawing academic and policy attention at this time.


Comments on reviews by Randall Peerenboom, Larry Diamond, and Edward Friedman:
Pan Wei is not the only one who defines democracy as "periodic election". Like Schumpeter, Adam Przeworski gives a minimalist definition with "contested election" (1991, 2000). Pan's point is that "rule of law democracy" is more important than "electoral democracy", especially when China now needs an operational strategy to pursuit its political reform. The problem of Pan is, he is too policy-minded to clearly spell out and distinguish the fine lines of operational strategy, comparative analysis, and moral values.

That leads to Peerenboom's critique on his elitism. Peerenboom is fair, un-evasive to the debating points, and also context-sensitive which allows him to add some useful aspects to the discussion (mostly from his book China's long march toward rule of law). His problem is not being self-reflective enough--not being cognitively careful about how culture may condition his own view. As a result, he is either not being honest about the logical flaws of the democratic values or simply having them in his blind spot.

Of course, this is Larry Diamond's problem too, only that Larry Diamond is much more an idealistic context-insensitive universalist. Given Larry Diamond's reputation on the subject, one would expect some useful dimensions from some of those many books edited by him. Yet he has nothing to offer, maybe his mind is with the "Squandered Victory" in Iraq. His review feels like a sleep-talking that has nothing to do with Pan's point.

Edward starts from "In intercultural exchange, it is important for all parties to learn from each other, especially about themselves", he throws away Pan's fine point within his definition and starts shooting around with his extensive historical facts without caring about the relevance. He is too eager to defend the point that democracy can't be argued by culture because democracy is now widespread in every culture. Abstract values, we can all enjoy talking, but Pan's concern is strategic options, for China, now. What is being argued here is if "rule of law" is more important than "electoral democracy", especially for China, and if yes, is it possible at all. Assuming the simple truth and universal attractiveness of democracy and taking the "shared destiny" for granted are not helpful.
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 楼主| 发表于 2008-10-16 12:26:12 | 显示全部楼层
http://ifile.it/h5d2ykq/0124454909.zip
http://www.filefactory.com/file/1cc987/n/0124454909_zip



Questioned Documents: A Lawyer's Handbook
By Jay Levinson

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Publisher:  Academic Press
Number Of Pages:  217
Publication Date:  2000-09-28
ISBN-10 / ASIN:  0124454909
ISBN-13 / EAN:  9780124454903
Binding:  Hardcover


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Product Description:

Questioned documents are any documents that may be used as evidence in a trial, ranging from handwritten notes to counterfeit currency to contracts. This concise new handbook is designed specifically to aid lawyers involved in cases that involve questioned documents (QD) evidence. It explains the basics of document examination and helps litigators improve the way they present document evidence and question witnesses. It also provides references to professional literature and other legal sources, making it easy to find further information when needed.
Questioned Documents: A Lawyer's Handbook provides analyses applied to many types of investigations and types of documents. It outlines the techniques for determining authenticity, age, ink and paper sources, handwriting identification, equipment used, forgeries, alterations, erasures, and more. In addition to helping the attorneys who mush present the QD evidence and ask the questions, this handbook is also an important resource for the expert witnesses who will be asked those questions at trial.

Key Features
* Explains the basics of document examination and shows how they apply to a variety of cases
* Helps litigators improve the way they present document evidence and interrogate witnesses
* Saves hours in pre-trial interviews by providing lawyers with the a thorough knowledge of the topic
* Presents case examples from the US, UK, The Netherlands, Germany, Nepal, Israel, Jordan, Russia, Romania and more
* Includes actual questions that can be asked of expert witnesses
* Provides an extensive list of references and research suggestions
* Helps document examiners learn about the application of their expertise in the courtroom, and what to expect when questioned by attorneys
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 楼主| 发表于 2008-10-16 12:27:57 | 显示全部楼层
http://ifile.it/duey1nt/0521853281.zip
http://www.filefactory.com/file/455b51/n/0521853281_zip



Illegal Beings: Human Clones and the Law
By Kerry Lynn Macintosh

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Publisher:  Cambridge University Press
Number Of Pages:  286
Publication Date:  2005-08-01
ISBN-10 / ASIN:  0521853281
ISBN-13 / EAN:  9780521853286
Binding:  Hardcover


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Product Description:

Many people think human reproductive cloning should be a crime-some states have even outlawed it and Congress is working to enact a national ban. However, if reproductive cloning soon becomes a reality, it will be impossible to prevent infertile couples and others from choosing the technology, even if they have to break the law. While most books on cloning cover the advantages and disadvantages of cloning technology, Illegal Beings describes the pros and cons of laws against human reproductive cloning. Kerry Lynn Macintosh, an attorney with expertise in the area of law and technology, argues that the most common objections to cloning are false or exaggerated, inspiring laws that stigmatize human clones as subhuman and unworthy of existence. She applies the same reasoning that was used to invalidate racial segregation to show how anti-cloning laws, by reinforcing negative stereotypes, deprive human clones of their equal protection rights under the law. Her book creates a new topic within constitutional law: existential segregation, or the practice of discriminating by preventing the existence of a disfavored group or class. This comprehensive and novel work looks at how anti-cloning laws will hurt human clones in a fresh perspective on this controversial subject. Kerry Lynn Macintosh is a member of the Law and Technology faculty at Santa Clara University School of Law. She is the author of papers, articles, and book chapters on the law and technology and has contributed to the Harvard Journal of Law and Technology, Boston University Journal of Science and Technology Law, and Berkeley Technology Law Journal.
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 楼主| 发表于 2008-10-16 12:29:30 | 显示全部楼层
http://ifile.it/yqoivra/0521685133.zip
http://www.filefactory.com/file/cec4d9/n/0521685133_zip



The Art of Argument: A Guide to Mooting (Law in Context S.)
By Christopher Kee

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Publisher:  Cambridge University Press
Number Of Pages:  168
Publication Date:  2007-03-12
ISBN-10 / ASIN:  0521685133
ISBN-13 / EAN:  9780521685139
Binding:  Paperback


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Product Description:

The Art of the Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students who are about to undertake or participate in an international mooting competition, The Art of the Argument explains in a step-by-step process what to do when you first get the moot problem, how to begin researching the subject manner, the emotional highs and lows, why practice makes perfect, how to handle yourself at the competition, and most importantly to have fun.
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 楼主| 发表于 2008-10-16 12:30:47 | 显示全部楼层
http://ifile.it/ftj0qhn/0312230737.zip
http://www.filefactory.com/file/72e461/n/0312230737_zip



Arguing About Asylum: The Complexity of Refugee Debates in Europe
By Niklaus Steiner

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Publisher:  Palgrave Macmillan
Number Of Pages:  192
Publication Date:  2000-08-05
ISBN-10 / ASIN:  0312230737
ISBN-13 / EAN:  9780312230739
Binding:  Hardcover


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Product Description:


In addressing the asylum controversy in Europe today, much of the literature assumes that asylum policies result from the struggle between national interest arguing to tighten asylum and humanitarianism arguing to loosen it. This book challenges this simple tug-of-war image by examining asylum in Germany, Switzerland, and Britain from the late 1970s to the mid 1990s. The findings reveal the complex and often counter-intuitive roles national interest, international norms, and morality play in shaping asylum. It forces us to reconsider how we think about asylum and to explore alternatives to conventional assumptions.
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 楼主| 发表于 2008-10-16 12:33:53 | 显示全部楼层
http://ifile.it/q4lb1ku/1851097023.zip
http://www.filefactory.com/file/58c8c3/n/1851097023_zip



The Judicial Branch of Federal Government: People, Process, and Politics (About Federal Government)
By Charles Zelden

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Publisher:  ABC-CLIO
Number Of Pages:  441
Publication Date:  2007-07-12
ISBN-10 / ASIN:  1851097023
ISBN-13 / EAN:  9781851097029
Binding:  Hardcover
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 楼主| 发表于 2008-10-17 06:50:46 | 显示全部楼层
http://ifile.it/lqhb1sc/0415425425.zip

http://www.filefactory.com/file/b85144/n/0415425425_zip


Critical Company Law
By Lorraine Talbot

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Publisher:  Routledge Cavendish
Number Of Pages:  393
Publication Date:  2007-09-18
ISBN-10 / ASIN:  0415425425
ISBN-13 / EAN:  9780415425421
Binding:  Paperback


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Product Description:


Multi-disciplinary in approach, this comprehensive volume examines English company law from both a socio-legal and black letter perspective.


Using a contextual and critical framework; drawing on the influence of American law and legal scholarship and a case study of mutual building societies’ march to the market and corporate identity, this book argues that modern company law is shaped by economics, ideology and existing law and that the state of the law at any one time is determined by the constantly shifting dynamic between them.


Scrutinizing the Companies Act 2006 in detail and tracing the history of the fundamental principles of company law, Talbot explores:



the doctrine of separate corporate personality
directors’ duties
minority protection and the doctrine of ultra vires.


Invigorating this much studied area; uncovering the social factors that continue to inform it and the political nature of the law itself, this textbook is an invaluable resource for all those studying company law.
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 楼主| 发表于 2008-10-17 06:51:57 | 显示全部楼层
http://ifile.it/6s7wvxf/1413307124.zip
http://www.filefactory.com/file/ced11b/n/1413307124_zip



101 Law Forms for Personal Use (Book & CD-Rom)
By Ralph E. Warner, Robin Leonard

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Publisher:  NOLO
Number Of Pages:  368
Publication Date:  2007-11-15
ISBN-10 / ASIN:  1413307124
ISBN-13 / EAN:  9781413307122
Binding:  Paperback


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Product Description:

The forms you need to protect your family, your assets and yourself.

Use the law to your advantage. 101 Law Forms for Personal Use gives you all the forms you'll need with step-by-step instructions to cover the legal issues you're most likely to face every day.

Available as tear-outs and on CD-ROM, the forms include:



bills of sale for buying and selling personal property


promissory notes for lending and borrowing money


a basic will form and general power of attorney form


contracts for in-home child care


authorizations for when your children are in the care of others


releases to settle disputes


notices for dealing with telemarketers


contracts for home repair and remodeling


and much, much more


The 6th edition is completely updated for accuracy and ease of use, and now provides a power of attorney for real estate, security agreement and identify-theft worksheet.
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 楼主| 发表于 2008-10-17 06:52:49 | 显示全部楼层
http://www.filefactory.com/file/cbc129/n/0910965749_rar



The Visible Employee: Using Workplace Monitoring and Surveillance to Protect Information Assets-Without Compromising Employee Privacy or Trust
By Jeffrey M. Stanton, Kathryn R. Stam

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Publisher:  Information Today, Inc.
Number Of Pages:  272
Publication Date:  2006-06-01
ISBN-10 / ASIN:  0910965749
ISBN-13 / EAN:  9780910965743
Binding:  Paperback


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Product Description:


For business owners, managers, and IT staff interested in learning how to effectively and ethically monitor and influence workplace behavior, this guide is a roadmap to ensuring security without risking employee privacy or trust. The misuse of information systems by wired workers—either through error or by intent—is discussed in detail, as are possible results such as leaked or corrupted data, crippled networks, lost productivity, legal problems, or public embarrassment. This analysis of an extensive four-year research project conducted by the authors covers not only a range of security solutions for at-risk organizations but also the perceptions and attitudes of employees toward workplace surveillance.
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 楼主| 发表于 2008-10-19 05:56:50 | 显示全部楼层
http://www.filefactory.com/file/037fcd/n/0199212430_zip



The Invention of Suspicion: Law and Mimesis in Shakespeare and Renaissance Drama
By Lorna Hutson

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Publisher:  Oxford University Press, USA
Number Of Pages:  320
Publication Date:  2008-02-25
ISBN-10 / ASIN:  0199212430
ISBN-13 / EAN:  9780199212439
Binding:  Hardcover


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Product Description:

The Invention of Suspicion argues that the English justice system underwent changes in the sixteenth century that, because of the system's participatory nature, had a widespread effect and a decisive impact on the development of English Renaissance drama. These changes gradually made evidence evaluation a popular skill: justices of peace and juries were increasingly required to weigh up the probabilities of competing narratives of facts. At precisely the same time, English dramatists were absorbing, from Latin legal rhetoric and from Latin comedy, poetic strategies that enabled them to make their plays more persuasively realistic, more "probable," The result of this enormously rich conjunction of popular legal culture and ancient forensic rhetoric was a drama in which dramatis personae habitually gather evidence and "invent" arguments of suspicion and conjecture about one another, thus prompting us, as readers and audience, to reconstruct this "evidence" as stories of characters' private histories and inner lives. In this drama, people act in uncertainty, inferring one another's motives and testing evidence for their conclusions. As well as offering an overarching account of how changes in juridical epistemology relate to post-Reformation drama, this book examines comic dramatic writing associated with the Inns of Court in the overlooked decades of the 1560s and 70s. It argues that these experiments constituted an influential sub-genre, assimilating the structures of Roman comedy to current civic and political concerns with the administration of justice. This sub-genre's impact may be seen in Shakespeare's early experiments in revenge tragedy, history play and romance comedy, in Titus Andronicus, 2 Henry VI and The Comedy of Errors, as well as Jonson's Every Man in his Humour, Bartholomew Fair and The Alchemist. The book ranges from mid-fifteenth century drama, through sixteenth century interludes to the drama of the 1590s and 1600s. It draws on recent research by legal historians, and on a range of legal-historical sources in print and manuscript.
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 楼主| 发表于 2008-10-19 05:57:27 | 显示全部楼层
http://www.filefactory.com/file/812f0a/n/0195304608_zip



Supreme Neglect: How to Revive Constitutional Protection For Private Property (Inalienable Rights)
By Richard A. Epstein

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Publisher:  Oxford University Press, USA
Number Of Pages:  208
Publication Date:  2008-03-12
ISBN-10 / ASIN:  0195304608
ISBN-13 / EAN:  9780195304602
Binding:  Hardcover


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Product Description:

As far back as the Magna Carta in 1215, the right of private property was seen as a bulwark of the individual against the arbitrary power of the state. Indeed, common-law tradition holds that "property is the guardian of every other right." And yet, for most of the last seventy years, property rights had few staunch supporters in America.
This latest addition to Oxford's Inalienable Rights series provides a succinct, pointed look at property rights in America--how they came to be, how they have evolved, and why they should once again be a mainstay of the law. Richard A. Epstein, the nation's preeminent authority on the subject, examines all aspects of private property--from real estate to air rights to intellectual property. He takes the reader from the strongly protective property rights advocated by the framers of the Constitution through to the weak property rights supported by Progressive and liberal politicians of the twentieth century and finally to our own time, which has seen a renewed appreciation of property rights in the aftermath of the Supreme Court's landmark Kelo v. New London decision in 2005. The author's own powerful defense of property rights threads through the narrative. Using both political theory and economic analysis, Epstein argues that above all that private property is a sound social institution, and not just an excuse for selfishness and greed. Only a system of private property lets people form and raise families, organize religious and other charitable organizations, and earn a living through honest labor.
Supreme Neglect offers a compact, incisive look at this hotly contested constitutional right, championing property rights as an essential social institution.
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 楼主| 发表于 2008-10-19 05:58:03 | 显示全部楼层
http://www.filefactory.com/file/ba4e81/n/0521878179_zip



Justice Across Borders: The Struggle for Human Rights in U.S. Courts
By Jeffrey Davis

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Publisher:  Cambridge University Press
Number Of Pages:  320
Publication Date:  2008-06-02
ISBN-10 / ASIN:  0521878179
ISBN-13 / EAN:  9780521878173
Binding:  Hardcover


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Product Description:

This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute - a dormant provision of the 1789 Judiciary Act - for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. The book examines attempts by human rights groups to use the law to enforce human rights norms. It explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim. Moreover, it analyzes the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
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 楼主| 发表于 2008-10-19 05:58:45 | 显示全部楼层
http://www.filefactory.com/file/046a97/n/0691120072_rar



Purposive Interpretation in Law
By Aharon Barak

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Publisher:  Princeton University Press
Number Of Pages:  448
Publication Date:  2005-03-07
ISBN-10 / ASIN:  0691120072
ISBN-13 / EAN:  9780691120072
Binding:  Hardcover


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Product Description:


This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately.

Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution.

Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
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 楼主| 发表于 2008-10-19 05:59:22 | 显示全部楼层
http://www.filefactory.com/file/c19399/n/1591474272_rar



Scientific Jury Selection (Law and Public Policy: Psychology and the Social Sciences)
By Joel D. Lieberman, Bruce D. Sales

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Publisher:  American Psychological Association (APA)
Number Of Pages:  261
Publication Date:  2006-08-30
ISBN-10 / ASIN:  1591474272
ISBN-13 / EAN:  9781591474272
Binding:  Hardcover


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Product Description:

The authors provide a thorough review of the most common techniques used to select jurors, and a critical evaluation of the ultimate effectiveness of these methods. This critique is based upon an examination of the social science literature. Psychologists and other social scientists as well as practicing trial consultants who read the book should gain a better understanding of the current state of research relevant to scientific jury selection, and areas where new research needs to be conducted to advance the field. Attorneys who read the book should be better able to decide whether or not to hire consultants to assist in future litigation, and if so, what types of services these consultants should provide.
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