Contracts Of Adhesion Between Law And Economics

Author: Elena D'Agostino
Publisher: Springer
ISBN: 3319131141
Size: 24.40 MB
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This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer’s psychology and seller’s drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole.

Contracts

Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
ISBN: 1454885645
Size: 51.76 MB
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Contracts: Cases and Doctrine, Sixth Edition, features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provides additional context. Key Features of the New Edition: The 6th Edition has been edited to make it even more modular and therefore easier for professors to select which doctrines to cover. The introductory materials have been shortened to permit a speedier entry to whichever basic doctrine the professor chooses to begin with. A new section on public policy defenses has been added. Recent developments involving arbitration agreements in the wake of the Supreme Court’s AT&T Mobility case are also covered. In addition, roughly a dozen new cases have been substituted, chosen for their interesting facts or their proven pedagogical usefulness. As always, every effort is made to provide students with background materials on the litigation, such as new judicial biographies and excerpts from recently published scholarship dealing with the cases covered. New cases include: Jordan v. Knafel Arnold Porter v. Fuqua Industries Nguyen v. Barnes & Noble Inc. Also, in keeping with the book’s focus on the “classic” cases we have included some iconic cases missing from earlier editions, including: Masterson v. Sine Security Stove & Manfacturing Co. v. American Railway Express Lefkowitz v. Great Minneapolis Surplus Store Lawrence v. Fox Harris v. Watson

The Company Legal Department

Author: Walter Kolvenbach
Publisher: Springer Science & Business Media
ISBN: 9401744858
Size: 46.56 MB
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This study attempts to describe the role of the company law department within the company, its relation to company management and the employees who use the services of the company lawyers. It, furthermore, tries to explain that the legal advice is only one part of the operation of a legal department in a business enterprise. Other important aspects are the legal costs, organiza tional questions and coordination problems within the department as well as the relationship of the company legal department with the other departments in the enterprise and, last but not least, the relationship between house counsel and outside counsel. The increasing volume of legislation and regulations in all industrialized -countries resulted in an increase in the number of company legal departments and company lawyers. All large companies now have their own company legal department. Therefore, it seems appropriate to attempt to describe some aspects relating to this part of the legal profession, which is relatively new, and which has developed differently from country to country. The position of the company counsel and his relationship with the company and its em ployees, his professional background and his relationship with the Bar are important subjects which require further study.

Yearbook Of International Sports Arbitration 2016

Author: Antoine Duval
Publisher: Springer
ISBN: 9462652376
Size: 26.62 MB
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The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes. The present volume covers decisions rendered by the Court of arbitration for Sport (CAS) and national courts in 2016. It is a must-have for sports lawyers and arbitrators, as well as researchers engaged in this field. It provides in-depth articles on burning issues raised by international sports arbitration, and independent commentaries by esteemed academics and seasoned practitioners on the most important decisions of the year by the CAS and national courts. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence. Prof. Antonio Rigozzi teaches international arbitration and sports law at the University of Neuchâtel, Switzerland, and is the partner in charge of the sports arbitration practice at Lévy Kaufmann-Kohler, a Geneva-based law firm specializing in international arbitration.

The Future Of Drone Use

Author: Bart Custers
Publisher: Springer
ISBN: 9462651329
Size: 14.97 MB
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Given the popularity of drones and the fact that they are easy and cheap to buy, it is generally expected that the ubiquity of drones will significantly increase within the next few years. This raises questions as to what is technologically feasible (now and in the future), what is acceptable from an ethical point of view and what is allowed from a legal point of view. Drone technology is to some extent already available and to some extent still in development. The aim and scope of this book is to map the opportunities and threats associated with the use of drones and to discuss the ethical and legal issues of the use of drones. This book provides an overview of current drone technologies and applications and of what to expect in the next few years. The question of how to regulate the use of drones in the future is addressed, by considering conditions and contents of future drone legislation and by analyzing issues surrounding privacy and safeguards that can be taken. As such, this book is valuable to scholars in several disciplines, such as law, ethics, sociology, politics and public administration, as well as to practitioners and others who may be confronted with the use of drones in their work, such as professionals working in the military, law enforcement, disaster management and infrastructure management. Individuals and businesses with a specific interest in drone use may also find in the nineteen contributions contained in this volume unexpected perspectives on this new field of research and innovation. Bart Custers is Associate Professor and Head of Research at eLaw, the Center for Law and Digital Technologies at Leiden University, The Netherlands. He has presented his work at international conferences in the United States, China, Japan, the Middle East and throughout Europe and has published over 80 scientific, professional and popularizing publications, including three books.

Normativity In Legal Sociology

Author: Reza Banakar
Publisher: Springer
ISBN: 3319096508
Size: 58.20 MB
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The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.

The Semiotics Of Law In Legal Education

Author: Jan M. Broekman
Publisher: Springer Science & Business Media
ISBN: 9789400713413
Size: 27.90 MB
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This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 – 2011 at Penn State University’s Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as “sign”, “symbol” or “legal language,” demonstrate how a lawyer’s professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can “say the law,” or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.

Argument Types And Fallacies In Legal Argumentation

Author: Thomas Bustamante
Publisher: Springer
ISBN: 3319161482
Size: 51.12 MB
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This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Pride Of Tamil Cinema 1931 To 2013

Author: G Dhananjayan
Publisher: Blue Ocean Publishers
ISBN:
Size: 66.46 MB
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PRIDE OF TAMIL CINEMA: 1931 TO 2013, National Award Winning Book : G Dhananjayan was awarded the "Best writing on Cinema" by Government of India, 62nd National Film Awards, 2015. Tamil cinema in the last 83 years has reached its pinnacle in terms of creativity and technical brilliance and dominates other film industries in India especially, Telugu and Hindi. Many new film makers are entering the field every day and making a mark and creating benchmarks. It is not far-fetched to imagine that Tamil film makers will soon make a global mark in Hollywood with their creative thoughts and technical brilliance. My first book on Tamil Cinema, ‘THE BEST OF TAMIL CINEMA: 1931 to 2010’ released in 2011 as a tribute to the film makers who made remarkable films over the years, is the key motivator for me to write this second book. While working on the revised and updated version of THE BEST OF TAMIL CINEMA, I chanced upon many Tamil films, which won National and International recognition and felt I can bring out a separate book on them, that can become a proud possession of film makers, researchers, people interested in films and common audience. I reviewed the entire list of films, which won the National Film Awards from Government of India and the films that were selected to be screened at the Indian Panorama of the International Film Festival of India (IFFI) – considered as an honour to represent the country. As all these films were selected by an eminent jury over the years for both National Film Awards and Indian Panorama, I did not wish to judge and exclude any film based on my view on them and hence included each and every film, which won a National Film Award under any category and the films which were screened at Indian Panorama of IFFI, since the commencement of these awards and recognition in 1953. Along with this I have also included the films which were submitted by Film Federation of India (FFI) to represent the country at the Academy (Oscars) Awards over the years. During the period 1954 to 2013, one hundred and sixty three (163) Tamil films have won the National recognition under various categories, and each of them is covered in detail in this book. For the period 1931 to 1953 (pre-National award recognition years), I carefully selected 39 films, which are certainly Pride of Tamil Cinema, with the help of Tamil cinema chronicler, ‘Film News’ Anandan, to represent that period. Thus, this book has information on about 39 films for the period 1931 to 1953 and 163 films for the period 1954 to 2013 (total 202 films) to represent the entire period of Tamil Cinema. Extensive research was done to ensure that not a single film, which won a National or International recognition, is left out in this book. Along with Feature films, I have also researched the Non-Feature films and Best Writing on Cinema, which won National Film Awards and written about them in a separate section. Details of non-feature films, which were screened at the Indian Panorama of IFFI, were also included in the non-feature films section. Thus, this book is an exhaustive compilation of Tamil films which won National and International recognition in all categories during the period 1953 to 2013. At National Film Awards and Indian Panorama, the criterion is not commercial success of a film but aesthetic and technical excellence and hence without looking into whether the film was a commercial success or released in theatres, I went by the list of films, which won a National Film Award and, or screened at the Indian Panorama over the years and featured them in this book. Hence, you might find a few films, which you may not have even heard or seen, but have won a National Award for their excellence featuring in the book. Table of Contents I. Introduction II. Acknowledgments III. Pride of Tamil Cinema - 1931 to 2013 a. The Process of Selection at National Film Awards and Indian Panorama b. The Process of Identifying the Pride of Tamil Cinema for the Book IV. Pride of Tamil Cinema - Feature Films from 1931 to 2013 a. 1931 to 1953 - Details of 39 Films Identified Based on Their Achievement b. 1954 to 2013 - Details of 163 Films Identified Based on Them Getting National Film Award and / or been Selected for Indian Panorama at IFFI and / or Academy Awards V. Pride of Tamil Cinema - Non-feature Films from 1931 to 2013 a. Details of 27 films, Which Won the National Film Award and Screened at Indian Panorama VI. Pride of Tamil Cinema - Best Writing from 1931 to 2013 VII. National Award Winning Images list VIII. Glossary of Films from 1931 to 2013 a. Year-wise Listing of Films (Based on Release Date) b. Alphabetical Listing of Films c. Film Maker-wise List of Films d. Lead Artiste-wise Listing of Films IX. References X. About the Author

Law Language And Translation

Author: Rosanna Masiola
Publisher: Springer
ISBN: 3319142712
Size: 24.14 MB
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This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean ‘conflicting interpretations’ engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing is also known in English as ‘rustling, duffing, raiding, stock theft, lifting and predatorial larceny.’ Crime and punishment are differently perceived depending on cultures and legal systems: ‘Captain Starlight’ was a legendary ‘duffer’; in India ‘lifting’ a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing ‘unequal treaties’ (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the ‘trail of broken treaties’), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale).