Download or read book Law and Uncertainty Risks and Legal Processes written by Robert Baldwin and published by Springer. This book was released on 1997-01-17 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Uncertainty: Risks and Legal Processes examines the role of the law and legal institutions in coping with the risks and uncertainties that pervade our lives. it examines key concerns, such as how issues relating to risks can be dealt with by means of legal processes, and how risks can be controlled through different legal formulations and techniques. The contents cover a wide range of risk issues as they arise in legal contexts, ranging from the problems of assessing risks within the criminal justice system To The difficulties that judges encounter in processing risk-laden issues through the courts. This study brings together papers delivered at the WG Hart Legal Workshop of 1995, held at the Institute for Advanced Legal Studies in London.
Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2016-04-13 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Download or read book Uncertainty of Law and the Legal Process written by Giuseppe Dari Mattiacci and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Risk Uncertainty and Profit written by Frank H. Knight and published by Cosimo, Inc.. This book was released on 2006-11-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timeless classic of economic theory that remains fascinating and pertinent today, this is Frank Knight's famous explanation of why perfect competition cannot eliminate profits, the important differences between "risk" and "uncertainty," and the vital role of the entrepreneur in profitmaking. Based on Knight's PhD dissertation, this 1921 work, balancing theory with fact to come to stunning insights, is a distinct pleasure to read. FRANK H. KNIGHT (1885-1972) is considered by some the greatest American scholar of economics of the 20th century. An economics professor at the University of Chicago from 1927 until 1955, he was one of the founders of the Chicago school of economics, which influenced Milton Friedman and George Stigler.
Download or read book Risks and Legal Theory written by Jenny Steele and published by Hart Publishing. This book was released on 2004-04 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual place of risk across a number of fields of law.
Download or read book Risk Uncertainty and Government written by Pat O'Malley and published by Routledge. This book was released on 2012-09-10 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both risk and uncertainty are neo-liberal concepts, which can be viewed as complementary techniques for governing diverse aspects of life, rather than natural states of things. This new book examines the way these constructs govern the production of wealth through 'uncertain' speculation and 'calculable' investment formulae. The way in which risk and uncertainty govern the minimisation of harms through insurance and through the uncertain practices of 'reasonable foresight' is discussed, and O Malley looks at the way these same techniques were historically forged out of moral and social beliefs about how to govern properly. In addition, the book analyzes is how, during this process, ideas such as 'contract' and distinctions between insurance and gambling were invented to order to 'properly' govern the risky and uncertain future.
Download or read book The Uncertainty of Legal Rights written by Steven Scott Stephens and published by Psychology Press. This book was released on 2001 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: If the outcome of a lawsuit depends solely on facts, law, and logic, a jury's decision should be predictable before it is announced. This study, however, finds evidence that the results of lawsuits are not predictable, implying that the decision process is influenced by some other undetermined factors accompanying the processing of facts, law, and logic. While it is widely believed that lawsuit results are unpredictable, this is the first study to document the existence of financially meaningful uncertainty in litigation. It employs the event study methodology used in the econometrics of financial markets to determine whether events reveal new information, as contrasted with fully anticipated events. The markets react to filing of lawsuits in a generally negative way, but at filing time the reactions are no worse for firms that ultimately lose their suits than they are for those that eventually prevail. When court decision are announced, by contrast, there is a detectable positive reaction for winningfirms and a negative reaction for losing firms The implications for corporate finance are straightforward, as there is no evidence the expectations formed by markets are biased. Accordingly, the uncertainty inherent in lawsuits fits within existing models for decision making subject to uncertainty. There is no apparent reason why the risks inherent in litigation are systematic, so the financial impact of the risk can be eliminated by holding a diversified portfolio. The deeper implication is for the capital budgeting decision, and indeed for the notion of designing one's activities within the framework of the law. By the time a jury verdict is announced, all the information on which it ostensibly is based has been publicly revealed in the course of the trial, and hence should be fully reflected in the prices of the litigating firms' shares. Yet the prices change when the result is announced. This suggests that the decision is not the mere processing of information, but rather contains animmeasurable or stochastic component as well.
Download or read book Uncertainty in Mechanical Engineering written by Peter F. Pelz and published by Springer. This book was released on 2021-05-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book reports on methods and technologies to describe, evaluate and control uncertainty in mechanical engineering applications. It brings together contributions by engineers, mathematicians and legal experts, offering a multidisciplinary perspective on the main issues affecting uncertainty throughout the complete system lifetime, which includes process and product planning, development, production and usage. The book is based on the proceedings of the 4th International Conference on Uncertainty in Mechanical Engineering (ICUME 2021), organized by the Collaborative Research Center (CRC) 805 of the TU Darmstadt, and held online on June 7–8, 2021. All in all, it offers a timely resource for researchers, graduate students and practitioners in the field of mechanical engineering, production engineering and engineering optimization.
Download or read book Third Party Funding written by Gian Marco Solas and published by Cambridge University Press. This book was released on 2019-09-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.
Download or read book Risk and Decision Making written by and published by National Academies Press. This book was released on 1982-01-01 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Settled out of Court written by H. Laurence Ross and published by Routledge. This book was released on 2017-09-29 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1980. Routledge is an imprint of Taylor & Francis.
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 Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.
Download or read book Law Environmental Illness and Medical Uncertainty written by Tarryn Phillips and published by Routledge. This book was released on 2015-03-05 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: We’ve seen it before, with asbestos-related disease, leukaemia clusters and lung cancer caused by cigarettes. There tends to be a lag between the emergence of environmental risks and chemical injuries, and their recognition and therapeutic treatment by medicine and the law. Law, Environmental Illness and Medical Uncertainty examines how our society governs new health concerns as they emerge, and the barriers that face new and uncertain theories seeking recognition in the law. In this book, Tarryn Phillips focuses her investigation on the struggle over the controversial condition multiple chemical sensitivities, or MCS (also known as environmental illness). Presenting nine case studies where workers sought compensation for MCS from their multinational employers, she captures a nuanced portrait of their embittered, unequal battles over the scientific, legal and insurance paradigms for understanding toxic risk, environmental illness and the regulation of industry. It draws on three years of fieldwork in Australia, including interview data with lay people and sympathetic and sceptical experts, participant observation in the courtroom and textual analysis of official reports. The book gives a unique, ethnographic insight into the governance of risk and uncertainty within a neoliberal economy, medico-scientific controversies and courtroom dramas. It highlights how a skeptical approach towards emergent environmental concerns is encouraged within the current regime, and decision-makers face disincentives for taking a sympathetic approach. Compellingly written and easy to read, it should appeal widely to interested lay people, and students and scholars of science and technology studies, medical anthropology, sociology of health and illness, and critical legal studies.
Download or read book Law War and the Penumbra of Uncertainty written by Sam Selvadurai and published by Cambridge University Press. This book was released on 2022-04-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.
Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
