Law's Limits PDF Download

Author: Neil K. Komesar
Publisher: Cambridge University Press
ISBN: 9780521000864
Category : Law
Languages : en
Pages : 220

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Book Description
This 2002 book demonstrates how property law and rights shift and cycle in the US.

Author: Lisa Manheim
Publisher: Manheim & Watts, LLC
ISBN: 9780999698808
Category : Executive power
Languages : en
Pages : 178

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Book Description
This one-of-a-kind guide provides a crash course in the laws governing the President of the United States. In an engaging and accessible style, two law professors explain the principles that inform everything from President Washington's disagreements with Congress to President Trump's struggles with the courts, and more. Timely and to the point, this guide provides the essential information every informed civic participant needs to know about the laws that govern the president-and what those laws mean for those who want to make their voices heard.

Author: Omri Ben-Shahar
Publisher: Oxford University Press
ISBN: 0197522831
Category : Law
Languages : en
Pages : 257

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Book Description
We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

Author: Douglas Husak
Publisher: Oxford University Press
ISBN: 9780198043997
Category : Law
Languages : en
Pages : 248

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Book Description
The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.

Author: Jack L. Goldsmith
Publisher: Oxford University Press
ISBN: 0199883378
Category : Law
Languages : en
Pages : 272

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Book Description
International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.

Author: Frank Fagan
Publisher: Edward Elgar Publishing
ISBN: 0857938665
Category : Law
Languages : en
Pages : 168

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Book Description
ÔLaw and the Limits of Government by Frank Fagan is a creative and enormously useful book for any scholar of legislation, timing rules, and politics.Õ Ð Jacob Gersen, Harvard Law School, US Why do legislatures pass laws that automatically expire? Why are so many tax cuts sunset? In this first book-length treatment of those questions, the author explains that legislatures pass laws temporarily in order to reduce opposition from the citizenry, to increase the level of information revealed by lobbies, and to externalize the political costs of changing the tax code on to future legislatures. This book provides a careful analysis which does not normatively prescribe either permanent or temporary legislation in every instance, but rather specifies the conditions for which either permanent or temporary legislation would maximize social welfare. Containing comprehensive, theoretical, normative and empirical analysis of temporary lawmaking, Law and the Limits of Government will appeal to academics in law, economic and political science, lawmakers and policy advocates.

Author: National Research Council
Publisher: National Academies Press
ISBN: 030917113X
Category : Science
Languages : en
Pages : 222

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Book Description
Advances made by physicists in understanding matter, space, and time and by astronomers in understanding the universe as a whole have closely intertwined the question being asked about the universe at its two extremesâ€"the very large and the very small. This report identifies 11 key questions that have a good chance to be answered in the next decade. It urges that a new research strategy be created that brings to bear the techniques of both astronomy and sub-atomic physics in a cross-disciplinary way to address these questions. The report presents seven recommendations to facilitate the necessary research and development coordination. These recommendations identify key priorities for future scientific projects critical for realizing these scientific opportunities.

Author: Tugba Basaran
Publisher: Routledge
ISBN: 1136902120
Category : History
Languages : en
Pages : 160

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Book Description
This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

Author: Philipp Frank
Publisher: Springer Science & Business Media
ISBN: 940115516X
Category : Science
Languages : en
Pages : 302

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Book Description
The Law of Causality and its Limits was the principal philosophical work of the physicist turned philosopher, Philipp Frank. Born in Vienna on March 20, 1884, Frank died in Cambridge, Massachusetts on July 21, 1966. He received his doctorate in 1907 at the University of Vienna in theoretical physics, having studied under Ludwig Boltzmann; his sub sequent research in physics and mathematics was represented by more than 60 scientific papers. Moreover his great success as teacher and expositor was recognized throughout the scientific world with publication of his collaborative Die Differentialgleichungen der Mechanik und Physik, with Richard von Mises, in 1925-27. Frank was responsible for the second volume, on physics, and especially noted for his authoritative article on classical Hamiltonian mechanics and optics. Among his earliest papers were those, beginning in 1908, devoted to special relativity, which together with general relativity and physical cosmology occupied him throughout his life. Already in 1907, Frank published his seminal paper 'Kausalgesetz und Erfahrung' ('Experience and the Law of Causality'), much later collected with a splendid selection of his essays on philosophy of science, in English (1941c and 1949g, in our Bibliography). Joining the first 'Vienna Circle' in the first decade of the 20th century, with Hans Hahn, mathematician, and Otto Neurath, sociologist and economist, and deeply influenced by studies of Ernst Mach's critical conceptual histories of science and by the striking challenge of Poincare and Duhem, Frank continued his epistemological investigations.

Author: James Roland Pennock
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 296

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