The Law of Failure


Book Description

This is a conversational text that provides a comprehensive view of the law of American business failure.




The Failure of Corporate Law


Book Description

When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...




Failing Law Schools


Book Description

“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




State Legitimacy and Failure in International Law


Book Description

Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community




Failure to Flourish


Book Description

This title argues that the legal regulation of families stands fundamentally at odds with the needs of families. Strong, stable, positive relationships are essential for both individuals and society to flourish, but the law makes it harder for parents to provide children with these kinds of relationships. Zoning laws can create long commutes and impersonal neighbourhoods. Criminal laws can take parents away from home. The book contends that we must re-orient the legal system to help families avoid crises, and when conflicts arise, intervene in a manner that heals relationships.




Trial and Error in Criminal Justice Reform


Book Description

In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.




Failure


Book Description

Wall Street and Silicon Valley – the two worlds this book examines – promote the illusion that scarcity can and should be eliminated in the age of seamless “flow.” Instead, Appadurai and Alexander propose a theory of habitual and strategic failure by exploring debt, crisis, digital divides, and (dis)connectivity. Moving between the planned obsolescence and deliberate precariousness of digital technologies and the “too big to fail” logic of the Great Recession, they argue that the sense of failure is real in that it produces disappointment and pain. Yet, failure is not a self-evident quality of projects, institutions, technologies, or lives. It requires a new and urgent understanding of the conditions under which repeated breakdowns and collapses are quickly forgotten. By looking at such moments of forgetfulness, this highly original book offers a multilayered account of failure and a general theory of denial, memory, and nascent systems of control.




Expert Failure


Book Description

Roger Koppl develops a theory of experts and expert failure, and illustrates his theory with wide-ranging examples, including that of state regulation of economic activity.




Failure to Protect


Book Description

Shows that "sexual predator" laws, which have intense public and political support, are counterproductive. Janus contends that aggressive measures such as civil commitment and Megan's law, which are designed to restrain sex offenders before they can commit another crime, are bad policy and do little to actually reduce sexual violence. Further, these new laws make use of approaches such as preventive detention and actuarial profiling that violate important principles of liberty. Janus argues that to prevent sexual violence, policymakers must address the deep-seated societal problems that allow it to flourish. From publisher description.




The Gift of Failure


Book Description

The New York Times bestselling, groundbreaking manifesto on the critical school years when parents must learn to allow their children to experience the disappointment and frustration that occur from life’s inevitable problems so that they can grow up to be successful, resilient, and self-reliant adults Modern parenting is defined by an unprecedented level of overprotectiveness: parents who rush to school at the whim of a phone call to deliver forgotten assignments, who challenge teachers on report card disappointments, mastermind children’s friendships, and interfere on the playing field. As teacher and writer Jessica Lahey explains, even though these parents see themselves as being highly responsive to their children’s well being, they aren’t giving them the chance to experience failure—or the opportunity to learn to solve their own problems. Overparenting has the potential to ruin a child’s confidence and undermine their education, Lahey reminds us. Teachers don’t just teach reading, writing, and arithmetic. They teach responsibility, organization, manners, restraint, and foresight—important life skills children carry with them long after they leave the classroom. Providing a path toward solutions, Lahey lays out a blueprint with targeted advice for handling homework, report cards, social dynamics, and sports. Most importantly, she sets forth a plan to help parents learn to step back and embrace their children’s failures. Hard-hitting yet warm and wise, The Gift of Failure is essential reading for parents, educators, and psychologists nationwide who want to help children succeed.