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.


Alwd Citation Manual

Alwd Citation Manual

Author: Darby Dickerson

Publisher: Aspen Publishers

Published: 2010-06-01

Total Pages:

ISBN-13: 9780735595415

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ALWD Citation Manual: A Professional System of Citation, now in its Fourth Edition, upholds a single and consistent system of citation for all forms of legal writing. Clearly and attractively presented in an easy-to-use format, edited by Darby Dickerson, a leading authority on American legal citation, the ALWD Citation Manual is simply an outstanding teaching tool. Endorsed by the Association of Legal Writing Directors, (ALWD), a nationwide society of legal writing program directors, the ALWD Citation Manual: A Professional System of Citation, features a single, consistent, logical system of citation that can be used for any type of legal document complete coverage of the citation rules that includes: - basic citation - citation for primary and secondary sources - citation of electronic sources - how to incorporate citations into documents - how to quote material and edit quotes properly - court-specific citation formats, commonly used abbreviations, and a sample legal memorandum with proper citation in the Appendices two-color page design that flags key points and highlights examples Fast Formatsquick guides for double-checking citations and Sidebars with facts and tips for avoiding common problems diagrams and charts that illustrate citation style at a glance The Fourth Edition provides facsimiles of research sources that a first-year law student would use, annotated with the elements in each citation and a sample citation for each flexible citation options for (1) the United States as a party to a suit and (2) using contractions in abbreviations new rules addressing citation of interdisciplinary sources (e.g., plays, concerts, operas) and new technology (e.g., Twitter, e-readers, YouTube video) updated examples throughout the text expanded list of law reviews in Appendix 5 Indispensable by design, the ALWD Citation Manual: A Professional System of Citation, Fourth Edition, keeps on getting better


On Intersectionality

On Intersectionality

Author: Kimberle Crenshaw

Publisher:

Published: 2019-09-03

Total Pages: 480

ISBN-13: 9781620975510

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A major publishing event, the collected writings of the groundbreaking scholar who "first coined intersectionality as a political framework" (Salon) For more than twenty years, scholars, activists, educators, and lawyers--inside and outside of the United States--have employed the concept of intersectionality both to describe problems of inequality and to fashion concrete solutions. In particular, as the Washington Post reported recently, "the term has been used by social activists as both a rallying cry for more expansive progressive movements and a chastisement for their limitations." Drawing on black feminist and critical legal theory, Kimberlé Crenshaw developed the concept of intersectionality, a term she coined to speak to the multiple social forces, social identities, and ideological instruments through which power and disadvantage are expressed and legitimized. In this comprehensive and accessible introduction to Crenshaw's work, readers will find key essays and articles that have defined the concept of intersectionality, collected together for the first time. The book includes a sweeping new introduction by Crenshaw as well as prefaces that contextualize each of the chapters. For anyone interested in movement politics and advocacy, or in racial justice and gender equity, On Intersectionality will be compulsory reading from one of the most brilliant theorists of our time.


Judicial Reputation

Judicial Reputation

Author: Nuno Garoupa

Publisher: University of Chicago Press

Published: 2015-11-20

Total Pages: 286

ISBN-13: 022629059X

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In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.


Experiencing Other Minds in the Courtroom

Experiencing Other Minds in the Courtroom

Author: Neal Feigenson

Publisher: University of Chicago Press

Published: 2016-12-26

Total Pages: 250

ISBN-13: 022641373X

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Increasingly in America s courtrooms lawyers, litigants, and expert witnesses attempt to recreate what it s like to be inside the litigant s mind. But is it really possible to claim this perception as evidence? Is seeing really believing? Can anyone really know what it s like to have another person s perceptual experiences, when only that person has direct access to them? And why should courts ever admit visual or auditory evidence that purports to convey what another person s consciousness is like? How might these simulations affect the ways that judges and jurors do justice? Experiencing Other Minds thoughtful explores this evidentiary and cognitive terrain. Whether a simulation actually provides reliable knowledge about the other person s inner experience, depends on the strength of our grounds for believing in it. And that depends largely on how the simulation was made. Primarily a descriptive and analytic work, Experiencing Other Minds conducts a legal anthropological inquiry into a novel and distinctive evidentiary practice, situating each example of digitally simulated subjective perception in its case context and drawing on cognitive psychology, media studies, science and technology studies, and other disciplines to understand how each simulation produces specific epistemological and rhetorical effects. By paying closer attention to the different kinds of simulation and the different knowledge claims they offer, we can develop best practices for responsibly incorporating such evidence in the courtroom, and thereby improve the quality of justice as well. "


Empire of the Fund

Empire of the Fund

Author: William A. Birdthistle

Publisher: Oxford University Press

Published: 2016

Total Pages: 265

ISBN-13: 0199398569

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Empire of the Fund is an exposé of the way we save now with proposals to fix it. The United States has embarked upon the riskiest experiment in our financial history: to see whether millions of ordinary, untrained citizens can successfully manage trillions of dollars in a system dominated by skilled and powerful financial institutions.


National Security, Leaks and Freedom of the Press

National Security, Leaks and Freedom of the Press

Author: Lee C. Bollinger

Publisher: Oxford University Press

Published: 2021

Total Pages: 385

ISBN-13: 0197519385

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Fighting for balance / Avril Haines -- Crafting a new compact in the public interest : protecting the national security in an era of leaks / Keith B. Alexander and Jamil N. Jaffer -- Leaks of classified information : lessons learned from a lifetime on the inside/ Michael Morell -- Reform and renewal : lessons from Snowden and the 215 program / Lisa O. Monaco -- Government needs to get its own house in order / Richard A. Clarke -- Behind the scenes with the Snowden files : "how the Washington Post and national security officials dealt with conflicts over government secrecy" / Ellen Nakashima -- Let's be practical : a narrow post-publication leak law would better protect the press / Stephen J. Adler and Bruce D. Brown -- What we owe whistleblowers / Jameel Jaffer -- The long, (futile?) Fight for a federal shield law / Judith Miller -- Covering the cyberwars : the press vs the government in a new age of global conflict / David Sanger -- Outlawing leaks / David A. Strauss -- The growth of press freedoms in the United States since 9/11 / Jack Goldsmith -- Edward Snowden, Donald Trump, and the paradox of national security whistleblowing / Allison Stanger -- Information is power : exploring a constitutional right of access / Mary-Rose Papandrea -- Who said what to whom / Cass R. Sunstein -- Leaks in the age of Trump / Louis Michael Seidman the report of the commission, Lee C. Bollinger, Eric Holder, John O. Brennan, Ann Marie Lipinski, Kathleen Carroll, Geoffrey R. Stone, Stephen W. Coll -- Closing statement / Lee C. Bollinger and Geoffrey R. Stone.


The Corporate Contract in Changing Times

The Corporate Contract in Changing Times

Author: Steven Davidoff Solomon

Publisher: University of Chicago Press

Published: 2019-03-08

Total Pages: 364

ISBN-13: 022659940X

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Over the past few decades, significant changes have occurred across capital markets. Shareholder activists have become more prominent, institutional investors have begun to wield more power, and intermediaries like investment advisory firms have greatly increased their influence. These changes to the economic environment in which corporations operate have outpaced changes in basic corporate law and left corporations uncertain of how to respond to the new dynamics and adhere to their fiduciary duties to stockholders. With The Corporate Contract in Changing Times, Steven Davidoff Solomon and Randall Stuart Thomas bring together leading corporate law scholars, judges, and lawyers from top corporate law firms to explore what needs to change and what has prevented reform thus far. Among the topics addressed are how the law could be adapted to the reality that activist hedge funds pose a more serious threat to corporations than the hostile takeovers and how statutory laws, such as the rules governing appraisal rights, could be reviewed in the wake of appraisal arbitrage. Together, the contributors surface promising paths forward for future corporate law and public policy.


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.


How to Save a Constitutional Democracy

How to Save a Constitutional Democracy

Author: Tom Ginsburg

Publisher: University of Chicago Press

Published: 2018-10-05

Total Pages: 306

ISBN-13: 022656438X

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Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.