Download or read book The Failure of Corporate Law written by Kent Greenfield and published by ReadHowYouWant.com. This book was released on 2010-10-21 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...

Download or read book The Law of Failure written by Stephen J. Lubben and published by Cambridge University Press. This book was released on 2018-08-16 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a conversational text that provides a comprehensive view of the law of American business failure.

Download or read book Failing Law Schools written by Brian Z. Tamanaha and published by University of Chicago Press. This book was released on 2012-06-18 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: “An essential title for anyone thinking of law school or concerned with America's dysfunctional legal system.” —Library Journal On the surface, law schools today are thriving. Enrollments are on the rise and law professors are among the highest paid. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession. Addressing all these problems and more is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades. Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha provides the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them. “Failing Law Schools presents a comprehensive case for the negative side of the legal education debate and I am sure that many legal academics and every law school dean will be talking about it.” —Stanley Fish, Florida International University College of Law

Download or read book Failures and the Law written by H. P. Rossmanith and published by Taylor & Francis. This book was released on 1996 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume features 46 selected contributions which address various topical issues and the law. The most important issues relate to engineering risks, quality assurance and assessment, and the legal implications associated with them.

Download or read book Failure to Flourish written by Clare Huntington and published by Oxford University Press, USA. This book was released on 2014 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Failure to Flourish: How Law Undermines Family Relationships, Clare Huntington argues that the legal regulation of families stands fundamentally at odds with the needs of families. Strong, stable, positive relationships within families are essential for both individuals and society to flourish, but from transportation policy to the criminal justice system, and from divorce rules to the child welfaresystem, the law makes it harder for parents to provide children with the relationships they need.

Download or read book State Legitimacy and Failure in International Law written by Mario Silva and published by Martinus Nijhoff Publishers. This book was released on 2014-02-06 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Download or read book The Conflict in Syria and the Failure of International Law to Protect People Globally written by Jeremy Julian Sarkin and published by Routledge. This book was released on 2021-11-29 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.

Download or read book The Analytical Failures of Law and Economics written by Shawn Bayern and published by Cambridge University Press. This book was released on 2023-09-28 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law-and-economics movement remains a dominant force in American private law, despite widespread recognition that many of its assumptions are implausible and that efficiency is not the law's only goal. This book adds to the debate by showing that many leading law-and-economics arguments fail for 'internal' analytical reasons.

Download or read book Failing to Protect written by Rosa Freedman and published by Oxford University Press. This book was released on 2015 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year tens of millions of individuals suffer grave abuses of their human rights. These violations occur worldwide, in war-torn countries and in the wealthiest states. Despite many of the abuses being well-documented, little seems to be done to stop them from happening. The United Nations was established to safeguard world peace and security, development, and human rights yet it is undeniable that currently is it failing to protect the rights of a great many people from the victims of ethnic cleansing, to migrants, those displaced by war and women who suffer horrendous abuse. This book looks at the reasons for that failure. Using concrete examples intertwined with explanations of the law and politics of the UN, Rosa Freedman offers clear explanations of how and why the Organisation is unable, at best, or unwilling, at worst, to protect human rights. Written for a non-specialist audience, her book also seeks to explain why certain countries and political blocs manipulate and undermine the UN s human rights machinery. Failing to Protect demonstrates the urgent need for radical reform of the machinery of human rights protection at the international level.

Download or read book Patent Failure written by James Bessen and published by Princeton University Press. This book was released on 2009-08-03 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Download or read book Law s Failures written by Annelise Riles and published by . This book was released on 2001 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Successes and Failures of Whistleblower Laws written by Robert G. Vaughn and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws." - A.J. Brown, Griffith University and Transparency International Australia "Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years." - Richard Moberly, University of Nebraska College of Law, US Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.

Download or read book Ruling the Law written by Jorge L. Esquirol and published by . This book was released on 2019 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Failures of American Methods of Lawmaking in Historical and Comparative Perspectives written by James R. Maxeiner and published by Cambridge University Press. This book was released on 2018-03-08 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, James R. Maxeiner takes on the challenge of demonstrating that historically American law makers did consider a statutory methodology as part of formulating laws. In the nineteenth century, when the people wanted laws they could understand, lawyers inflicted judge-made, statute-destroying, common law on them. Maxeiner offers the cure for common law, in the form of sensible statute law. Building on this historical evidence, Maxeiner shows how rule-making in civil law jurisdictions in other countries makes for a far more equitable legal system. Sensible statute laws fit together: one statute governs, as opposed to several laws that even lawyers have trouble disentangling. In a statute law system, lawmakers make laws for the common good in sensible procedures, and judges apply sensible laws and do not make them. This book shows how such a system works in Germany and how it would be a solution for the American legal system as well.

Download or read book The Failure of Labor Law a Betrayal of American Workers written by United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations and published by . This book was released on 1984 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: