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Book
A great and noble occupation! : the history of the Society of Legal Scholars
Authors: ---
ISBN: 1472560574 128255414X 9786612554148 1847315399 Year: 2009 Publisher: Oxford Portland, Oregon Hart Publishing

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Abstract

The Society of Legal Scholars, originally the Society of Public Teachers of Law, was created in 1909, but was fortunate to survive its first half century. It had few members, lacked financial resources and was weak in influence. In comparison with other university disciplines Law enjoyed a fragile status, and was often held in low esteem by barristers and solicitors. At times the SPTL was caught up in problems of its own making, for instance refusing to admit women until the late 1940s. But there were also moments of excitement and achievement: the years between 1909 and the start of WWI were full of hope and new ideas and the establishment of the Journal of the Society of Public Teachers of Law in the 1920s was an important achievement for legal scholars. During the social revolution of the 1960s the SPTL continued to function as a rather sedate gentleman's club, gathering at its annual conference to socialise, rather than to engage in academic debate. The 1970s saw a sustained drive from its Young Members' Group to create a new, more serious organisation, with better conferences and more effective decision-making processes. The Society evolved slowly, but the process accelerated in the 1990s, with members encouraged to reinforce their intellectual contribution to the discipline and act as a central point for policy debate within the legal academic community. As we stand at the beginning of the twenty first century, the Society, with nearly 3,000 members, has come a long way from its small beginnings


Book
Rethinking Holocaust justice : essays across disciplines
Author:
ISBN: 178920514X 1785336975 1785336983 9781789205145 Year: 2018 Publisher: New York, [New York] ; Oxford, [England] : Berghahn Books,

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Since the end of World War II, the ongoing efforts aimed at criminal prosecution, restitution, and other forms of justice in the wake of the Holocaust have constituted one of the most significant episodes in the history of human rights and international law. As such, they have attracted sustained attention from historians and legal scholars. This edited collection substantially enlarges the topical and disciplinary scope of this burgeoning field, exploring such varied subjects as literary analysis of Hannah Arendt’s work, the restitution case for Gustav Klimt’s Beethoven Frieze, and the ritualistic aspects of criminal trials.


Book
Eternally Vigilant : Free Speech in the Modern Era
Authors: ---
ISBN: 022648467X Year: 2018 Publisher: Chicago : University of Chicago Press,

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While freedom of speech has been guaranteed us for centuries, the First Amendment as we know it today is largely a creation of the past eighty years. Eternally Vigilant brings together a group of distinguished legal scholars to reflect boldly on its past, its present shape, and what forms our understanding of it might take in the future. The result is a unique volume spanning the entire spectrum of First Amendment issues, from its philosophical underpinnings to specific issues like campaign regulation, obscenity, and the new media. "With group efforts, such as this collection of essays, it is almost inevitable that there will be a couple-and often several-duds among the bunch, or at least a dismaying repetition of ideas. Such is not the case here. . . . Whether one agrees with a given author or not (and it is possible to do both with any of the essays), each has something to add. Overall, Eternally Vigilant is a thoughtful and thought-provoking book, consistently intelligent and, at times, brilliant."-Richard J. Mollot, New York Law Journal Contributors: Lillian R. BeVier Vincent Blasi Lee C. Bollinger Stanley Fish Owen M. Fiss R. Kent Greenawalt Richard A. Posner Robert C. Post Frederick Schauer Geoffrey R. Stone David A. Strauss Cass R. Sunstein

Whitewashing race
Author:
ISBN: 1282358103 9786612358104 0520938755 1598750062 9780520938755 1417508167 9781417508167 9781598750065 0520237064 9781282358102 9780520237063 0520237064 0520244753 9780520244757 6612358106 Year: 2003 Publisher: Berkeley University of California Press

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Abstract

White Americans, abetted by neo-conservative writers of all hues, generally believe that racial discrimination is a thing of the past and that any racial inequalities that undeniably persist-in wages, family income, access to housing or health care-can be attributed to African Americans' cultural and individual failures. If the experience of most black Americans says otherwise, an explanation has been sorely lacking-or obscured by the passions the issue provokes. At long last offering a cool, clear, and informed perspective on the subject, this book brings together a team of highly respected sociologists, political scientists, economists, criminologists, and legal scholars to scrutinize the logic and evidence behind the widely held belief in a color-blind society-and to provide an alternative explanation for continued racial inequality in the United States. While not denying the economic advances of black Americans since the 1960's, Whitewashing Race draws on new and compelling research to demonstrate the persistence of racism and the effects of organized racial advantage across many institutions in American society-including the labor market, the welfare state, the criminal justice system, and schools and universities. Looking beyond the stalled debate over current antidiscrimination policies, the authors also put forth a fresh vision for achieving genuine racial equality of opportunity in a post-affirmative action world.


Book
Boilerplate : the fine print, vanishing rights, and the rule of law
Author:
ISBN: 1283858916 1400844835 9781400844838 9780691155333 069115533X 9781283858915 0691163359 Year: 2013 Publisher: Princeton, N.J. : Princeton University Press,

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Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

Keywords

Standardized terms of contract --- Contracts, Standard --- Contracts, Uniform --- Standard conditions of contract --- Standard contracts --- Standardized contracts --- Uniform conditions of contract --- Uniform contracts --- Uniform terms of contract --- Contracts --- Unconscionable contracts --- Unconscionability of contracts --- European Union. --- NGOs. --- Omri Ben-Shahar. --- Robert Hillman. --- agreement. --- assent. --- automated filtering. --- autonomy theory. --- bargained-for exchange. --- boilerplate clauses. --- boilerplate rights. --- boilerplate. --- breach of contract. --- certifications. --- choice. --- coercion. --- comprehensive regulation. --- conditions. --- consent. --- consumer pushback. --- contract formation. --- contract law. --- contract philosophy. --- contract remedies. --- contract theory. --- contract-as-product theory. --- contract. --- contractual obligation. --- core rights. --- courts. --- democratic degradation. --- disclosure. --- economic efficiency. --- economic loss. --- economic rationality. --- economic theory. --- evaluation. --- fraud. --- habitability. --- heuristic biases. --- human rights. --- hybrid regimes. --- incentives. --- information asymmetry. --- invalid contract formation. --- judicial oversight. --- lawyers. --- legal scholars. --- legislatures. --- liability rules. --- machine bargaining. --- market solutions. --- market-inalienability. --- nonconsent. --- normative degradation. --- piecemeal adjudication. --- political rights. --- private law. --- private ordering. --- private reform. --- private sector. --- problematic consent. --- property rules. --- public ordering. --- radical unexpectedness. --- rating agencies. --- reasonable expectations. --- regulation. --- regulatory agencies. --- reputation. --- residential leases. --- rule of law. --- sheer ignorance. --- social dissemination. --- standardized form contracts. --- technological protection measures. --- terms. --- tort law. --- unconscionability. --- voidness. --- voluntariness. --- voluntary agreement. --- waivers. --- white lists. --- wild-card doctrines.

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