University of Chicago Law Review: Volume 80, Number 3 - Summer 2013


Book Description

The University of Chicago Law Review's third issue of 2013 features articles and essays from internationally recognized legal and policy scholars, as well as extensive student research on cutting-edge topics. Contents include: ARTICLES * Tortfest, by J. Shahar Dillbary * Judging the Flood of Litigation, by Marin K. Levy * Unbundling Constitutionality, by Richard Primus * When Nudges Fail: Slippery Defaults, by Lauren E. Willis COMMENTS * The Firearm-Disability Dilemma: Property Insights into Felon Gun Rights * Pleading in Technicolor: When Can Litigants Incorporate Audiovisual Works into Their Complaints? * Fun with Numbers: Gall's Mixed Message regarding Variance Calculations * The Availability of Discovery Sanctions for Violations of Protective Orders * Corruption Clarified: Defining the Reach of "Agent" in 18 USC § 666 * Extra Venues for Extraterritorial Crimes? 18 USC § 3238 and Cross-Border Criminal Activity * A Historical Approach to Negligent Misrepresentation and Federal Rule of Civil Procedure 9(b) REVIEW ESSAY * Commons and Growth: The Essential Role of Open Commons in Market Economies, by Yochai Benkler The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as student-authors ... and as a training ground for University of Chicago Law School students, who serve as its editors and contribute original research. Principal articles and essays are authored by internationally recognized legal scholars. Quality eBook editions feature active Contents, linked footnotes, and linked URLs in notes.




Recognizing Wrongs


Book Description

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.




Law and Economics


Book Description

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Law and Economics: Theory, Cases, and Other Materialsis a comprehensive introduction to the subject area of law and economics, with stimulating in depth discussion of actual case law by two leading scholars in the field. It provides a clear description of the key points of law and economics across various substantive areas of law, combining the traditional approach to the study of law and economics with new important insights from behavioral economics and competing theories. Importantly, Law and Economics artfully introduces and connects theory to practice to provide a coherent picture rather than a patch-like studying experience. Using detailed case-notes, comments and examples, Law and Economics explains why future lawyers should care about economic analysis of the law and how economics can and should play a role in litigation and conflict resolution. This important new casebook not only makes law and economics accessible to students but also indubitably establishes the importance of law and economics in a globalized world. Highlights of the First Edition: Introduces students to basic tools (e.g., game theory and decision theory) and concepts (e.g., efficiency criteria) using simple and innovative methods Facilitates the understanding of complicated concepts by providing the theoretical backgrounds as well as clear explanations, examples, exercises, and comprehensive comments and notes that do not require any background in math or economics Allows readers to test their understanding by providing practice questions with full answers Carefully selected cases, with discussion emphasizing the economic rationales underlying decisions and demonstrating how these rationales impact decisions Marries the virtues of a textbook (explaining the theoretical underpinning of different economic notions and how they relate to different legal doctrines) to those of acasebook by tying concepts to actual decisions Adopts a modern approach that covers competing theories as they relate to specific decisions and theories Includes methodology chapters where the same methodology (e.g., decision making, game theory, supply and demand) is used to analyze different areas of the law, as well as subject matter chapters in which specific areas of the law (e.g., property) are analyzed using different methodologies A modular structure, allowing the professor to pick and cover materials in almost any order, to skip certain materials and to focus on court decisions, the theory, or both Professors and students will benefit from: The use of alternative intuitive methods to explain theories The use of simple algebra to teach the most complex subjects The artful combination of theory with a practical approach that ties the economic concepts (including game theory and decision theory) to specific subject matters, legal rules and specific decisions In-depth discussion of decisions and how they could they be explained or argued differently in light of the theoretical concepts reviewed The use of summary boxes to recap complicated concepts Fantastic notes and practical questions following cases










The Oxford Handbook of Criminal Law


Book Description

The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.




Model Rules of Professional Conduct


Book Description

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.




Causation in European Tort Law


Book Description

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.




An Introduction to the Comparative Study of Private Law


Book Description

Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.




UNB Law Journal


Book Description