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Behavioral Law and Economics (Cambridge Series on Judgment and Decision Making)
Manufacturer: Cambridge University Press ProductGroup: Book Binding: Paperback Similar Items:
ASIN: 0521667437 |
Book Description
This exciting volume marks the birth of a new field--a field that studies law with reference to an accurate, rather than a crude, understanding of human behavior. Behavioral Law and Economics presents new findings in cognitive psychology and behavioral economics, which show that people are frequently both unselfish and over-optimistic; that people have limited willpower and limited self-control; and that people are "boundedly" rational, in the sense that they have limited information-processing powers, and frequently rely on mental short-cuts and rules of thumb. Understanding this kind of human behavior has large-scale implications for the analysis of law, in areas including environmental protection, taxation and tax compliance, constitutional law, voting behavior, punitive damages for civil rights violations, labor negotiations and strikes, and corporate finance. Behavioral Law and Economics offers many new insights into these fields and suggestions for legal reform. With a better knowledge of human behavior, it is possible to predict the actual effects of law, to see how law might actually promote society's goals, and to reassess the questions of what law should be doing.Customer Reviews:
Behavioral Economics Comes of Age.......2001-08-24
The first synthesis of law and economics took place several decades ago, based on the seminal work of Nobel prize winning Chicago economist Ronald Coase. The synthesis was based on the so-called "rational actor model" (often called homo Economicus) that can be derived from certain axiomatic, mathematics-like principles, based on the notion of self-interest and utility maximization. This was a major breakthrough in social theory and policy.
But the "rational actor model" has been shown to be systematically violated by real human beings, and behavioral economics arose to ammend the "rational actor model" to fit the reality. It's not that people are irrational, but rather the concept of rationality used in the traditional theory is seriously wanting. If you're interested in this larger backdrop to the present book, there is a marvelous new book on the subject edited by its creators, Daniel Kahneman and Amos Tversky, called "Choices, Values, and Frames."
The introductory chapters of Behavioral Law and Economics are refreshingly clear and free of jargon. These are followed by some of the most important articles that have been written on the topic over the past several years.
Behavioral law and economics is not just some academic field. It is absolutely, front and center, critical to political philosophy and the policy sciences in general. This book is for both expert and layperson alike---a real tour de force.
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How to Modify Your Florida Divorce Judgment (Self-Help Law Kit With Forms)
Edward A. Haman Manufacturer: Sphinx Publishing Inc ProductGroup: Book Binding: Paperback ASIN: 1572480882 |
Book Description
Sometimes things change, and if you are divorced, this can be exceptionally true. So, why does your divorce judgment have to remain the same? It doesn't! How to Modify Your Florida Divorce Judgment simplifies and thoroughly explains everything you need to know to successfully alter your own divorce judgment in the state of Florida. Complete with step-by-step instructions and the forms you need, this book makes modifying your divorce judgment inexpensive and hassle-free. This book explains in simple language: How the system works How alimony is determined How child support is determined How custody is determined How visitation is determined What procedures to follow How to prepare your forms How to set a hearing What to say at the hearing How to subpoena witnesses How to subpoena evidence Which laws apply All the Florida forms you need and much more!
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Judgment in Jerusalem: Chief Justice Simon Agranat and the Zionist Century
Pnina Lahav Manufacturer: University of California Press ProductGroup: Book Binding: Hardcover ASIN: 0520205952 |
Book Description
Simon Agranat (1906-1992) was the third chief justice of the Israeli Supreme Court and a founding father of Israeli law. Born in Louisville, Kentucky, and educated at the University of Chicago, Agranat brought U.S. progressivism and constitutionalism to Israeli legal soil. Agranat laid the foundation for Israel's bill of rights and took part in nearly every important Israeli legal and political issue of this century. Pnina Lahav's rewarding study of Simon Agranat portrays Israeli history through the lens of judicial opinions. It is based on her extensive interviews with the justice before his death and a close examination of his papers. A major theme in her book is the relationship between Agranat's world view and landmark Israeli Supreme Court opinions, and she tells the compelling story of a visionary jurist and an American pursuing his Zionist dream in Palestine. Here, too, is an illuminating view of Israeli history and legal culture that includes the Arab-Israeli conflict, the Holocaust, the symbiosis between religion and the Jewish state, and the tensions within Zionism itself. Lahav also details the thinking behind Agranat's 1962 decision to convict Adolph Eichmann and the justice's dissent in the "Who Is a Jew?" case in 1970.Customer Reviews:
Essential Reading for Understanding Israel's Current Conflic.......2000-09-24
Winner of the 1998 Gratz College Centennial Book Award.......1998-11-10
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A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
Robert E. Lutz Manufacturer: Cambridge University Press ProductGroup: Book Binding: Hardcover Similar Items:
ASIN: 0521858747 |
Book Description
This book assists the practitioner seeking to enforce a foreign judgment in the United States or a U.S. rendered judgment abroad in navigating the lack of procedural uniformity that exists and in planning strategies likely to ensure effective enforcement. As a handbook, it provides the practitioner with a framework and resources with which to approach and further research the laws of the relevant state or country. In Part One, the guide takes the practitioner chronologically through the process of obtaining a U.S. court's recognition and enforcement of judgments rendered abroad. Part Two takes the practitioner through the process of obtaining an overseas jurisdiction's recognition and enforcement of judgments rendered in the United States. Part Three assesses the current trends in the U.S. and in the international trade environment regarding enforcement of judgments which may be made by foreign courts.
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The Full Faith and Credit Clause: A Reference Guide to the United States Constitution (Reference Guides to the United States Constitution)
William L. Reynolds , and William M. Richman Manufacturer: Praeger Publishers ProductGroup: Book Binding: Hardcover ASIN: 0313315418 |
Book Description
This work examines all the aspects of the Full Faith and Credit Clause and its importance in the development of United States law. It begins with the birth of the clause and the history underlying its adoption. This includes discussions held at the Constitutional Convention and the early judicial interpretations of the clause. The book looks separately at the individual components that embody the clause--those that deal with records, public acts, and judicial proceedings. The book also zeroes in on the relationship between the clause and the issues of family law. It covers marriage, divorce, support, and child custody, all issues that have demanded serious attention in recent years.
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Non-Compliance of National Courts: Remedies in European Community Law and Beyond
Bernhard Hofstötter Manufacturer: Asser Press ProductGroup: Book Binding: Hardcover ASIN: 9067042056 |
Book Description
National courts play a pivotal role in making EC law a living truth for citizens. Individuals may turn to the courts in order to invoke rights derived from Community law. However, the capacity of individuals to effectively enforce their Community law rights depends crucially on the correct application of Community law by national courts. This book is the first to deal with possible legal responses in the Community legal order and beyond, when national courts incorrectly apply Community law. Rooted in a rigorous contextual analysis of recent jurisprudence, this work discusses various alternatives for future developments in the Court´s case law. The author explains the often uneasy nature of the relationship between national courts and the ECJ. He explores common concerns voiced against an excessive degree of accountability for judicial conduct.
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Judgment at Tokyo: The Japanese War Crimes Trials
Timothy P. Maga Manufacturer: University Press of Kentucky ProductGroup: Book Binding: Hardcover Similar Items:
ASIN: 0813121779 |
Book Description
They are plain, ordinary murderers, cried Chief Prosecutor Joseph B. Keenan, and the court at the Tokyo War Crimes Trials believed him. As a result, Japanese officers and soldiers who conducted beheading demonstrations, engaged in unethical medical experiments, or even practiced cannibalism on POWs, were found guilty of the more prosecutable charge of murder. In the years since the Japanese war crimes trials concluded, the proceedings have been colored by charges of racism, vengeance, and guilt.Tim Maga contends that despite these charges, the trials encompassed some of the most fascinating criminal cases of the twentieth century. Judgment at Tokyo is a bold reassessment of the trials, in which defendants ranged from lowly Japanese Imperial Army privates to former prime ministers. Maga shows that these were cases in which good law was practiced and that they changed the ways war crimes trials are approached today.
In contrast to Nuremberg, the efforts in Tokyo, Guam, and other locations throughout the Pacific received little attention by the Western press. Once the Cold War began and America needed Pacific allies, the atrocities committed by Japanese soldiers throughout the 1930s and early 1940s were rarely mentioned. The trials were dismissed as phony justice and Japan Bashing.
Since the defendants did not represent a government for which genocide was a policy pursuit, their cases were more difficult to prosecute than those of Nazi war criminals. Keenan and his compatriots adopted criminal court tactics and established precedents in the conduct of war crimes trials that still stand today. Maga reviews the context for the trials, recounts the proceedings, and concludes that they were, in fact, decent examples of American justice and fair play.
Customer Reviews:
Interesting, but not well-written or cohesive..........2003-10-29
For historians and social study teachers, this might be a good book to read for background. Some people write and make history come alive again. Others write history, and most people would put this book back down because it is so dry, and is written with an evident bias that is not always backed up with support. I guess I would have to read the actual transcripts of the trial because this particular one apparently did not gain the attention of the world. Those who came in close contact with Japanese atrocities such as China, Australia, and most importantly, the Phillipines definitely had a different viewpoint then most of the Americans involved in the Trials. MacArthur and the main judge, Keenan, evidently controlled quite a bit of the trials...who came to trial, who did not, who was punished, what the punishments were. I had a problem in that mentions were made of the atrocities, but unlike the very well-known Final Solution, Japanese atrocities were not as much fodder for the newspapers. Heaven only knows why.
All countries have time periods in their histories for which they should feel shame, including the U.S. Wisdom is when those countries recognize and address those problems, and many of the Japanese did incredible things such as one sobbing man turning in his own son for almost certain capital punishment for killing an entire Burmese town. If only more of us would show the courage that older man did in doing this, our world would be a better place.
I am going to read more on this area/trials, because Maga whetted my appetite, but didn't satisfy it. Whether our side was fair in their judgements, whether the Emperor should have paid a higher price (I think MacARthur handled this one right)...is probably up to those who read these books to make that judgement. It is a part of our world history, and Japan has certainly come a long way from their militarism of that time. Nationalism and militarism is scary in any form, no matter which country is involved. We've seen way too many nationalistic-caused atrocities in AFrica, Serbia, Germany, etc. I can't help think but of some words that said "Judge not, lest ye be judge..."
Karen Sadler,
Science Education,
University of Pittsburgh
Excellent study of largely misunderstood trial.......2003-01-28
Passing This Judgment.......2002-01-24
The book follows no organization and the text itself is filled with tangental tid-bits of irrellevant information that serves no purpose except just to break any flow that a chapter might had. He focuses too heavily on the transcripts of the courtroom itself, instead of looking at how the trials proceeded according to a script written from outside sources. He concludes every chapter by returning to his thesis, while the reader is left wondering how such a claim can be made after what they have just read.
In all fairness, the task that Maga set out to do (to answer the critics of the trial) is a massive one. There are extremely well written histories of the Trial that take in-depth looks into how SCAP, MacArthur, even the Imperial House meddled in the affairs of the trial.....or reviewing the dissenting arguments of a few of the judges who saw the Trial first hand. These are all glossed over in a few paragraphs so that Maga can return to repeating his thesis that the allies and prosecutors were inspired only by justice/fairness.
To read a very small amount of material on the Trial, I suggest reading Dower's Embracing Defeat. Although not without folley of its own, his chapters on the trial give a better and in-depth glimpse into the Tokyo Trial.
Japanese War Crimes trials placed in historical context.......2001-02-19
Japanese War Crimes trials placed in historical context.......2001-02-19
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Judgment Days: Lyndon Baines Johnson, Martin Luther King Jr., and the Laws That Changed America
Nick Kotz Manufacturer: Mariner Books ProductGroup: Book Binding: Paperback Similar Items:
ASIN: 0618641831 |
Book Description
In the first thorough account of the complex working relationship between Lyndon Baines Johnson and Martin Luther King, Jr., Pulitzer Prizewinning journalist Nick Kotz offers an engrossing investigation of a little-known element of the Johnson presidency. Tracing both leaders' paths, from Johnson's assumption of the presidency in 1963 to King's assassination in 1968, Kotz describes how they formed a wary alliance that would become instrumental in producing some of the most substantial civil rights legislation in American history: the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Drawing on a wealth of newly available sourcesJohnson's taped telephone conversations, voluminous FBI wiretap logs, and secret communications between FBI director J. Edgar Hoover and the presidentKotz examines the forces that drew the charismatic men together and those that eventually drove them apart. Kotz's focused and incisive examination significantly enriches our understanding of both men.Customer Reviews:
Difficult, But Historic Times.......2007-09-16
More new stuff.......2006-05-09
A Brilliant Synopsis of a Troubling Era.......2006-02-06
Fast-paced, well-written history.......2005-06-23
Excellent and Very Readable History.......2005-06-03
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Living Speech: Resisting the Empire of Force
James Boyd White Manufacturer: Princeton University Press ProductGroup: Book Binding: Hardcover Similar Items:
ASIN: 0691125805 |
Book Description
Language is our key to imagining the world, others, and ourselves. Yet sometimes our ways of talking dehumanize others and trivialize human experience. In war other people are imagined as enemies to be killed. The language of race objectifies those it touches, and propaganda disables democracy. Advertising reduces us to consumers, and clichés destroy the life of the imagination.
How are we to assert our humanity and that of others against the forces in the culture and in our own minds that would deny it? What kind of speech should the First Amendment protect? How should judges and justices themselves speak? These questions animate James Boyd White's Living Speech, a profound examination of the ethics of human expression--in the law and in the rest of life.
Drawing on examples from an unusual range of sources--judicial opinions, children's essays, literature, politics, and the speech-out-of-silence of Quaker worship--White offers a fascinating analysis of the force of our languages. Reminding us that every moment of speech is an occasion for gaining control of what we say and who we are, he shows us that we must practice the art of resisting the forces of inhumanity built into our habits of speech and thought if we are to become more capable of love and justice.
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Whereas--A Judge's Premises: Essays in Judgment, Ethics, and the Law
Charles Edward Wyzanski Manufacturer: Greenwood Press Reprint ProductGroup: Book Binding: Hardcover ASIN: 0837192986 |
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