Download or read book The Transformation of American Law 1780 1860 written by Morton J. HORWITZ and published by Harvard University Press. This book was released on 2009-06-30 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a remarkable book based on prodigious research, Morton J. Horwitz offers a sweeping overview of the emergence of a national (and modern) legal system from English and colonial antecedents. He treats the evolution of the common law as intellectual history and also demonstrates how the shifting views of private law became a dynamic element in the economic growth of the United States. Horwitz's subtle and sophisticated explanation of societal change begins with the common law, which was intended to provide justice for all. The great breakpoint came after 1790 when the law was slowly transformed to favor economic growth and development. The courts spurred economic competition instead of circumscribing it. This new instrumental law flourished as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. The evolving law of the early republic interacted with political philosophy, Horwitz shows. The doctrine of laissez-faire, long considered the cloak for competition, is here seen as a shield for the newly rich. By the 1840s the overarching reach of the doctrine prevented further distribution of wealth and protected entrenched classes by disallowing the courts very much power to intervene in economic life. This searching interpretation, which connects law and the courts to the real world, will engage historians in a new debate. For to view the law as an engine of vast economic transformation is to challenge in a stunning way previous interpretations of the eras of revolution and reform.

Download or read book The Smarter Legal Model written by Trevor Faure and published by . This book was released on 2010 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Smarter Legal Model is a practical toolbox of complementary methodologies which have been applied on a multi-million dollar scale and proven to: *Reduce legal costs. *Increase the legal work covered without increasing cost or headcount, by maximising individual potential. *Improve both compliance and client satisfaction at the same time. *Replace the traditional law firm-client tension with a mutually profitable partnership. The Smarter Legal Model applies world-class business and behavioral principles, such as Six Sigma, return on invested capital, zero-sum game theory and neuro-linguistic programming to the practice of law for the first time with tangible results. Recently reported benefits of the Model include a 27% reduction in legal fees, a 60% reduction in litigation volume and demonstrable improvements in client satisfaction. The Smarter Legal Model will be of use to in-house lawyers, private practitioners and even professionals from non-legal disciplines. The Smarter Legal Model has been adopted by major concerns and has been the subject of extensive analysis across the world. The Author has lectured on the Model at Harvard Law School, Oxford University, Georgetown Law School; in Washington, New York, London, Amsterdam, Brussels, Stockholm and Sydney.

Download or read book Law on Display written by Neal Feigenson and published by NYU Press. This book was released on 2009-10 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Visual and multimedia digital technologies are transforming the practice of law: how lawyers construct and argue their cases, present evidence to juries, and communicate with each other. They are also changing how law is disseminated throughout and used by the general public. What are these technologies, how are they used and perceived in the courtroom and in wider culture, and how do they affect legal decision making? In this comprehensive survey and analysis of how new visual technologies are transforming both the practice and culture of American law, Neal Feigenson and Christina Spiesel explain how, when, and why legal practice moved from a largely words-only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change. They discuss older visual technologies, such as videotape evidence, and then current and future uses of visual and multimedia digital technologies, including trial presentation software and interactive multimedia. They also describe how law itself is going online, in the form of virtual courts, cyberjuries, and more, and explore the implications of law’s movement to computer screens. Throughout Law on Display, the authors illustrate their analysis with examples from a wide range of actual trials.

Download or read book Keeping Pace with Change Fintech and the Evolution of Commercial Law written by International Monetary Fund and published by International Monetary Fund. This book was released on 2022-01-27 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

Download or read book Making Commercial Law Through Practice 1830 1970 written by Ross Cranston and published by Cambridge University Press. This book was released on 2021-05-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making Commercial Law Through Practice 1830–1970 adds a new dimension to the history of Britain's commerce, trade manufacturing and financial services, by showing how they have operated in law over the last one hundred and forty years. In the main law and lawyers were not the driving force; regulation was largely absent; and judges tended to accommodate commercial needs, so that market actors were able to shape the law through their practices. Using legal and historical scholarship, the author draws on archival sources previously unexploited for the study of commercial practice and the law's role in it. This book will stimulate parallel research in other subject areas of law. Modern commercial lawyers will learn a great deal about the current law from the story of its evolution, and economic and business historians will see how the world of commerce and trade operated in a legal context.

Download or read book Transplanting Commercial Law Reform written by John Stanley Gillespie and published by Ashgate Publishing, Ltd.. This book was released on 2006 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides the first sustained analysis examining legal transplantation into East Asia. In addition to developing theoretical insights, the project provides a textured account of the political, economic and legal discourses guiding commercial law reforms in Vietnam

Download or read book The Transformation of Environmental Law and Governance written by Sindico, Francesco and published by Edward Elgar Publishing. This book was released on 2021-10-19 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.

Download or read book Tournament of Lawyers written by Marc Galanter and published by University of Chicago Press. This book was released on 1994-01-15 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tournament of Lawyers traces in detail the rise of one hundred of the nation's top firms in order to diagnose the health of the business of American law. Galanter and Palay demonstrate that much of the large firm's organizational success stems from its ability to blend the talents of experienced partners with those of energetic junior lawyers driven by a powerful incentive—the race to win "the promotion-to-partner tournament." This calmly reasoned study reveals, however, that the very causes of the spiraling growth of the large law firm may lead to its undoing. "Galanter and Palay pose questions and offer some answers which are certain to change the way big firm practice is regarded. To describe their work as challenging is something of an understatement: they at times delight, stimulate, frustrate and even depress the reader, but they never disappoint. Tournament of Lawyers is essential to the understanding of the business of the big law firms."—Jean and Colin Fergus, New York Law Journal

Download or read book Transforming the Golden Age Nation State written by A. Hurrelmann and published by Springer. This book was released on 2007-10-31 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the transformation of the modern Western state in an age of accelerated globalization. Arguing that the state experienced a 'golden age' in the 1960s and 1970s, the contributors explore how and why this configuration of the state is under pressure in the 21st century.

Download or read book Transnational Law and State Transformation written by Jennifer Lander and published by Routledge. This book was released on 2019-11-07 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.

Download or read book Leading Change written by John P. Kotter and published by Harvard Business Press. This book was released on 2012 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the ill-fated dot-com bubble to unprecedented merger and acquisition activity to scandal, greed, and, ultimately, recession -- we've learned that widespread and difficult change is no longer the exception. By outlining the process organizations have used to achieve transformational goals and by identifying where and how even top performers derail during the change process, Kotter provides a practical resource for leaders and managers charged with making change initiatives work.

Download or read book The Transformation of Economic Law written by Lucila de Almeida and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).

Download or read book State Transformations in OECD Countries written by H. Rothgang and published by Springer. This book was released on 2015-03-23 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The democratic nation state of the post-war era has undergone major transformations since the 1970s, and political authority has been both internationalized and privatized. The thirteen chapters of this edited collection deal with major transformations of governance arrangements and state responsibilities in the countries of the OECD world. A unified conceptual and explanatory framework is used to describe trajectories of state change, to explain the internationalization or privatization of responsibilities in the resource, law, legitimacy and welfare dimensions of the democratic nation state, and to probe the state's role in the today's post-national constellation of political authority. As the contributions show, an unravelling of state authority has indeed occurred, but the state nevertheless continues to play a key role in emerging governance arrangements. Hence it is not merely a 'victim' of globalization and other driving forces of change.

Download or read book An Overview of the Czech Commercial Law written by Karel Schelle and published by Trafford Publishing. This book was released on 2010-10-27 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: For those planning on or already doing business in the Czech Republic, or just wanting to extend their knowledge about the legal framework for conducting business in one of the central European states An Overview to Czech Commercial Law in English will prove worthwhile. Commencing with a concise background of the history and basis of the Czech commercial law, the authors move on to cover the legal regime of the principal business players, commercial companies. Thereafter, the commercial obligations and their main instruments, commercial contracts, are reviewed. A succinct analysis of the competition law represents a logical culmination of the publication. Each of the contributing authors has both an extensive academic background and a wide experience in the practice of law which contributes to a well balanced blend of a theoretical and practical approach demonstrated across this invaluable publication.

Download or read book Liquid Legal written by Kai Jacob and published by Springer. This book was released on 2016-12-01 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compels the legal profession to question its current identity and to aspire to become a strategic partner for corporate executives, clients and stakeholders, transforming legal into a function that creates incremental value. It provides a uniquely broad range of forward-looking perspectives from several different key-players in the legal industry: in-house legal, law firms, LPO’s, legal tech, HR, associations and academia. This publication is a platform for leading legal professionals that offers a new perspective on the accelerating transformation in legal. Combining expert contributions with editorial insights, it argues that the new legal function will shift from a paradigm of security to one of opportunity; that future corporate lawyers will no longer primarily be negotiators, litigators and administrators, but that instead they will be coaches, arbiters and intrapreneurs; that legal knowledge and data-based services will become a commodity; and that analytics and measurement will be key drivers of the future of the profession. A must-read for all legal professionals, this book sets the course for revitalizing the profession.

Download or read book Chinese Law written by Li Chen and published by BRILL. This book was released on 2015-01-27 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: The twelve case studies in Chinese Law: Knowledge, Practice and Transformation, 1530s to 1950s, edited by Li Chen and Madeleine Zelin, open a new window onto the historical foundation and transformation of Chinese law and legal culture in late imperial and modern China. Their interdisciplinary analyses provide valuable insights into the multiple roles of law and legal knowledge in structuring social relations, property rights, popular culture, imperial governance, and ideas of modernity; they also provide insight into the roles of law and legal knowledge in giving form to an emerging revolutionary ideology and to policies that continue to affect China to the present day.

Download or read book Brazilian Commercial Law written by Silvia Fazio and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Brazil's power to attract international investors has become irresistible. Large-scale economic development, massive infrastructure projects, substantial agribusiness and commodities markets, and newly discovered oil and natural gas resources-combined with improvements in social standards and a consolidation of democratic institutions-have spearheaded the emergence of Brazil as a formidable global economy challenging the developed nations. This is the first book in English to provide a detailed guide to the ways into and around the Brazilian economy. Thirty seven leading Brazilian practitioners describe and interpret laws and regulations governing business set-up procedures, transactions, contracts, financing, taxation, securities, intellectual property, real estate, dispute resolution, environmental protection, labor, insolvency, competition, trade remedies, anti-corruption, private funds and insurance. They explore every issue likely to be important to investors, including the following: - competition, mergers and acquisitions, joint ventures; - contractual clauses, statutory requirements on specific agreements; - tax incentives available for infrastructure projects; - listing and offering requirements in capital and securities markets; - licensing, franchising, and other intellectual property agreements; - civil proceedings, arbitration, and the mechanisms of dispute resolution; - the structure of the Brazilian judiciary system; - rules on conflicts of law and competence of jurisdiction; - real property acquisition and development; - environmental liabilities; - forms of employment and employment contracts; - insolvency and bankruptcy proceedings; - trade remedy system; - anti-corruption legislation; - private equity, venture capital and investment funds; and - insurance and re-insurance. Taking the point of view of a commercial lawyer required to draft and negotiate agreements governed by Brazilian law, each author contributes particular expertise to this incomparable resource for potential and actual investors in Brazil and their counsel. Thoroughly up-to-date in its exploration and understanding of the legal transformations that are taking place in Brazil, this book will be invaluable to corporate lawyers, investors, academics, and policymakers interested in Brazil's role in the global economy.