Coercing Virtue

Coercing Virtue

Author: Robert H. Bork

Publisher: Vintage Canada

Published: 2010-07-07

Total Pages: 181

ISBN-13: 030736853X

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Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue


Personalized Law

Personalized Law

Author: Omri Ben-Shahar

Publisher: Oxford University Press

Published: 2021-05-17

Total Pages: 257

ISBN-13: 0197522831

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We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.


At The Bar

At The Bar

Author: David Margolick

Publisher: Simon and Schuster

Published: 1995

Total Pages: 340

ISBN-13: 0671887874

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The lawyer's trade--from its noblest moments to its greatest blunders--is examined with rigor, insight, and wit by one of America's foremost commentators on the law, New York Times columnist David Margolick.


Great American City

Great American City

Author: Robert J. Sampson

Publisher: University of Chicago Press

Published: 2024-04-08

Total Pages: 573

ISBN-13: 0226834018

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Great American City demonstrates the powerfully enduring impact of place. Based on one of the most ambitious studies in the history of social science, Robert J. Sampson’s Great American City presents the fruits of over a decade’s research to support an argument that we all feel and experience every day: life is decisively shaped by your neighborhood. Engaging with the streets and neighborhoods of Chicago, Sampson, in this new edition, reflects on local and national changes that have transpired since his book’s initial publication, including a surge in gun violence and novel forms of segregation despite an increase in diversity. New research, much of it a continuation of the influential discoveries in Great American City, has followed, and here, Sampson reflects on its meaning and future directions. Sampson invites readers to see the status of the research initiative that serves as the foundation of the first edition—the Project on Human Development in Chicago Neighborhoods (PHDCN)—and outlines the various ways other scholars have continued his work. Both accessible and incisively thorough, Great American City is a must-read for anyone interested in cutting-edge urban sociology and the study of crime.


Originalism as Faith

Originalism as Faith

Author: Eric J. Segall

Publisher: Cambridge University Press

Published: 2018-10-18

Total Pages: 259

ISBN-13: 1107188555

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Tracing the development of originalism, Eric J. Segall shows how judges often use the theory to reach politically desirable results.


Oregon Law Review

Oregon Law Review

Author:

Publisher:

Published: 1948

Total Pages: 442

ISBN-13:

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Vol. 1-14 include the proceedings of the Oregon Bar Association, previously issued separately as: Proceedings of the Oregon Bar Association at its ... annual meeting.


The Limits of International Law

The Limits of International Law

Author: Jack L. Goldsmith

Publisher: Oxford University Press

Published: 2005-02-03

Total Pages: 271

ISBN-13: 0199883378

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International law is much debated and discussed, but poorly understood. Does international law matter, or do states regularly violate it with impunity? If international law is of no importance, then why do states devote so much energy to negotiating treaties and providing legal defenses for their actions? In turn, if international law does matter, why does it reflect the interests of powerful states, why does it change so often, and why are violations of international law usually not punished? In this book, Jack Goldsmith and Eric Posner argue that international law matters but that it is less powerful and less significant than public officials, legal experts, and the media believe. International law, they contend, is simply a product of states pursuing their interests on the international stage. It does not pull states towards compliance contrary to their interests, and the possibilities for what it can achieve are limited. It follows that many global problems are simply unsolvable. The book has important implications for debates about the role of international law in the foreign policy of the United States and other nations. The authors see international law as an instrument for advancing national policy, but one that is precarious and delicate, constantly changing in unpredictable ways based on non-legal changes in international politics. They believe that efforts to replace international politics with international law rest on unjustified optimism about international law's past accomplishments and present capacities.


Failing Law Schools

Failing Law Schools

Author: Brian Z. Tamanaha

Publisher: University of Chicago Press

Published: 2012-06-18

Total Pages: 253

ISBN-13: 0226923622

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“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