Download or read book Wrongs and Remedies in the Twenty first Century written by Peter Birks and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work brings to the fore a range of issues which are of topical interest to litigators and to teachers of law, which includes the area of personal negligence. The book also presents an overview of tort law in the UK and argues for a complete rethink of the system.
Download or read book Wrongs and Remedies in the Twenty first Century written by Peter Birks and published by Oxford University Press. This book was released on 1996 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: When potential litigants first approach a lawyer they are generally interested in finding out one thing only: are they likely to be able to win damages or any other kind of remedy and what kind of quantum of damages are they likely to receive? It becomes the lawyer's main task to try to argue for a remedy and to persuade the court that the plaintiff has a good cause of action. Textbooks about contract and tort frequently treat damages and other remedies as an after-thought when in fact it is the issue of remedies which is a constant and ever-present consideration for the plaintiff and his or her lawyer. This new book, containing contributions from many of the UK's leading specialists, brings to the fore a range of issues which are of topical interest to litigators and to teachers of law. In some instances the issues are currently the subject of reform proposals and these essays usefully highlight the principal issues facing the reformers and the objections which have been raised by those opposed to reform. In addition four of the essays tackle a strand of tort law which is of rapidly growing importance - the area of professional negligence. The contributors are among the best-known writers in this field and their essays combine practical and academic perspectives which usefully highlight contemporary trends in professional negligence litigation. The first chapter in the book also offers a unique and controversial overview of tort law in the UK by Professor Patrick Atiyah, who argues for a complete rethink of the system of personal injuries litigation in the UK, starting with its abolition. Not for the first time, Professor Atiyah thinks the unthinkable.
Download or read book Race Wrongs and Remedies written by Amy L. Wax and published by Rowman & Littlefield Publishers. This book was released on 2009-07-16 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black Americans continue to lag behind on many measures of social and economic well-being. Conventional wisdom holds that these inequalities can only be eliminated by eradicating racism and providing well-funded social programs. In Race, Wrongs, and Remedies, Amy L. Wax applies concepts from the law of remedies to show that the conventional wisdom is mistaken. She argues that effectively addressing today's persistent racial disparities requires dispelling the confusion surrounding blacks' own role in achieving equality. The evidence overwhelmingly suggests that discrimination against blacks has dramatically abated. The most important factors now impeding black progress are behavioral: low educational attainment, poor socialization and work habits, drug use, criminality, paternal abandonment, and non-marital childbearing. Although these maladaptive patterns are largely the outgrowth of past discrimination and oppression, they now largely resist correction by government programs or outside interventions. Wax asserts that the black community must solve these problems from within. Self-help, changed habits, and a new cultural outlook are, in fact, the only effective tactics for eliminating the present vestiges of our nation's racist past. Published in cooperation with the Hoover Institution
Download or read book Race Wrongs and Remedies written by Amy L. Wax and published by Rowman & Littlefield Publishers. This book was released on 2009 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black Americans continue to lag behind on many measures of social and economic well-being. Conventional wisdom holds that these inequalities can only be eliminated by eradicating racism and providing well-funded social programs. In Race, Wrongs, and Remedies, Amy L. Wax applies concepts from the law of remedies to show that the conventional wisdom is mistaken. She argues that effectively addressing today's persistent racial disparities requires dispelling the confusion surrounding blacks' own role in achieving equality. The evidence overwhelmingly suggests that discrimination against blacks has dramatically abated. The most important factors now impeding black progress are behavioral: low educational attainment, poor socialization and work habits, drug use, criminality, paternal abandonment, and non-marital childbearing. Although these maladaptive patterns are largely the outgrowth of past discrimination and oppression, they now largely resist correction by government programs or outside interventions. Wax asserts that the black community must solve these problems from within. Self-help, changed habits, and a new cultural outlook are, in fact, the only effective tactics for eliminating the present vestiges of our nation's racist past. Published in cooperation with the Hoover Institution
Download or read book Capital in the Twenty First Century written by Thomas Piketty and published by Harvard University Press. This book was released on 2017-08-14 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the grand dynamics that drive the accumulation and distribution of capital? Questions about the long-term evolution of inequality, the concentration of wealth, and the prospects for economic growth lie at the heart of political economy. But satisfactory answers have been hard to find for lack of adequate data and clear guiding theories. In this work the author analyzes a unique collection of data from twenty countries, ranging as far back as the eighteenth century, to uncover key economic and social patterns. His findings transform debate and set the agenda for the next generation of thought about wealth and inequality. He shows that modern economic growth and the diffusion of knowledge have allowed us to avoid inequalities on the apocalyptic scale predicted by Karl Marx. But we have not modified the deep structures of capital and inequality as much as we thought in the optimistic decades following World War II. The main driver of inequality--the tendency of returns on capital to exceed the rate of economic growth--today threatens to generate extreme inequalities that stir discontent and undermine democratic values if political action is not taken. But economic trends are not acts of God. Political action has curbed dangerous inequalities in the past, the author says, and may do so again. This original work reorients our understanding of economic history and confronts us with sobering lessons for today.
Download or read book Terror and Consent written by Philip Bobbitt and published by Penguin UK. This book was released on 2013-04-04 with total page 1019 pages. Available in PDF, EPUB and Kindle. Book excerpt: The wars against terror have begun, but it will take some time before the nature and composition of these wars is widely understood. The objective of these wars is not the conquest of territory, or the silencing of any particular ideology, but rather to secure the necessary environment for states to operate according to principles of consent and make it impossible for our enemies to impose or induce states of terror. Terror and Consent argues that, like so many states and civilizations in the past that suffered defeat, we are fighting the last war, with weapons and concepts that were useful to us then but have now been superseded. Philip Bobbitt argues that we need to reforge links that previous societies have made between law and strategy; to realize how the evolution of modern states has now produced a globally networked terrorism that will change as fast as we can identify it; to combine humanitarian interests with strategies of intervention; and, above all, to rethink what 'victory' in such a war, if it is a war, might look like - no occupied capitals, no treaties, no victory parades, but the preservation, protection and defence of states of consent. This is one of the most challenging and wide-ranging books of any kind about our modern world.
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 How Rights Went Wrong written by Jamal Greene and published by Houghton Mifflin. This book was released on 2021 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Download or read book Anti Piketty written by Jean-Philippe Delsol and published by Cato Institute. This book was released on 2017-03-01 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Piketty's book Capital in the Twenty-First Century has enjoyed great success and provides a new theory about wealth and inequality. However, there have been major criticisms of his work. Anti-Piketty: Capital for the 21st Century collects key criticisms from 20 specialists—economists, historians, and tax experts—who provide rigorous arguments against Piketty's work while examining the notions of inequality, growth, wealth, and capital.
Download or read book U S Emergency Management in the 21st Century written by Claire B. Rubin and published by Routledge. This book was released on 2019-12-06 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. Emergency Management in the 21st Century: From Disaster to Catastrophe explores a critical issue in American public policy: Are the current public sector emergency management systems sufficient to handle future disasters given the environmental and social changes underway? In this timely book, Claire B. Rubin and Susan L. Cutter focus on disaster recovery efforts, community resilience, and public policy issues of related to recent disasters and what they portend for the future. Beginning with the external societal forces influencing shifts in policy and practice, the next six chapters provide in-depth accounts of recent disasters— the Joplin, Tuscaloosa-Birmingham, and Moore tornadoes, Hurricanes Sandy, Harvey, Irma, Maria, and the California wildfires. The book concludes with a chapter on loss accounting and a summary chapter on what has gone right, what has gone wrong, and why the federal government may no longer be a reliable partner in emergency management. Accessible and clearly written by authorities in a wide-range of related fields with local experiences, this book offers a rich array of case studies and describes their significance in shifting emergency management policy and practice, in the United States during the past decade. Through a careful blending of contextual analysis and practical information, this book is essential reading for students, an interested public, and professionals alike.
Download or read book Torts and Other Wrongs written by John Gardner and published by Oxford University Press. This book was released on 2019-12-18 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification
Download or read book The Anatomy of Tort Law written by Peter Cane and published by Hart Publishing. This book was released on 1997-06-19 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written to be accessible to all readers with a basic knowledge of tort law, this book adopts an approach which is both easily comprehended, yet also innovative and illuminating. It sets out a new and theoretically stimulating analysis of the law of tort, in which the subject is reconceived as a system of ethical rules and principles of personal responsibility. As such it can be viewed as a series of relationships between protected interests, sanctioned conduct and sanctions. These are the "building blocks" of tort law. Beyond affording a means of comprehending the fragmentary nature of tort law, the book, equally importantly, seeks to develop understanding of its relationship with other areas of the law of obligations. It also permits clearer understanding of the relationship between common law and statutory torts and throws fresh light on the links between tort law and its functions.
Download or read book The Law of Contract written by Janet Anne O'Sullivan and published by Oxford University Press, USA. This book was released on 2012-03-29 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two leading authorities in the field, The Law of Contract is the perfect student companion, providing a concise overview of the fundamental principles of contract law, demystifying complex areas without oversimplification. Accessible and engaging, this invaluable text is the ideal guide to the core of this key subject.
Download or read book The Law of Contract written by Janet O'Sullivan and published by Oxford University Press, USA. This book was released on 2014 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Core Text Series takes the reader straight to the heart of the subject, providing an invaluable and reliable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Contract provides you with a clear, straightforward, and comprehensive account of the core principles of contract law to give you a sound understanding of the subject. Written by Janet O'Sullivan, Director of Studies at Selwyn College, Cambridge, and Jonathan Hilliard, barrister at Wilberforce Chambers, this text covers all the key topics on LLB and GDL courses and introduces you to current debates in the field. The authors break down complex problems into manageable steps and self-test questions are provided at the end of each chapter to help you reinforce your learning and aid revision. You can find answer guidance to these questions as well as additional support for your studies, including author podcasts discussing key cases, additional chapters, and web links on the accompanying Online Resource Centre.
Download or read book O Sullivan and Hilliard s the Law of Contract written by Janet O'Sullivan and published by Oxford University Press. This book was released on 2018 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Law of Contract' is the perfect student companion, providing a concise, clear overview of the fundamental principles of contract law and breaking down complex areas. An ideal guide, taking students straight to the core of this key subject.
Download or read book Gain Based Damages written by James Edelman and published by Bloomsbury Publishing. This book was released on 2002-04-19 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: On July 27,2000 the House of Lords delivered a decision where, for the first time in English law, it explicitly recognised that damages for civil wrongs can be assessed by reference to a defendant (wrongdoer)'s gain rather than a claimant's loss. The circumstances in which such gain-based damages might be available were left for development incrementally. This book considers the nature of gain-based damages and explains when they have historically been available and why, and provides a framework for appreciating the operation of such damages awards. The first part of the book justifies the existence of these damages, which focus upon a defendant wrongdoer's gain made as a result of a civil wrong, explaining the nature and need for such a remedy and the scope of civil wrongs. The core thesis of the book is that two different forms of such gain-based damages exist: the first is concerned with restitution of a defendant's gains wrongfully transferred from a claimant; the second is concerned only with stripping profits from the defendant's hands. Once these two gain-based damages awards are separated they can be shown to be based upon different rationales and the basis for their availability can be easily understood. The second part of the book considers and applies this approach, demonstrating its operation throughout the cases of civil wrongs. The operation of the two forms of gain-based damages is demonstrated in cases in the area of tort (chapter 4), contract (chapter 5), equitable wrongs (chapter 6) and intellectual property wrongs (chapter 7). It is shown that these gain-based damages awards have long been available in these areas and their operation has conformed to clear principle. The difficulty that has obscured the principle is the nomenclature which has hidden the true gain-based nature of many of these damages awards.
Download or read book Commercial Remedies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts, this book offers unique coverage of the most difficult and pressing concerns within commercial remedies.
