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- Un avanzado case book de derecho comparado
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Good Faith in European Contract Law (The Common Core of European Private Law)
Manufacturer: Cambridge University Press
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ASIN: 0521771900 |
Book Description
This book starts by surveying the use or neglect of good faith in European contract law and traces its historical origins. Its central part takes thirty hypothetical situations that have attracted the application of good faith and analyzes them according to fifteen national legal systems. It concludes by explaining how European lawyers, whether from a civil or common law background, need to come to terms with the principle of good faith.
Customer Reviews:
Un avanzado case book de derecho comparado.......2007-05-23
Zimmermann y Whittaker ofrecen una obra estructurada en dos partes, la segunda de las cuales justifica hablar de case book. La primera parte contiene cuatro estudios en torno a la buena fe, los que acentúan la perspectiva histórica. La buena fe, principio operativo en el derecho privado tanto de los sistemas jurídicos del Common Law, como del derecho europeo-continental de tradición romanista, la mantienen como uno de los pilares fundamentales de sus respectivos ordenamientos privatistas. Pero la buena fe tiene una historia y ésta se encuentra indisolublemente ligada al derecho romano y al derecho medieval. La obra, no obstante orientarse hacia el derecho comparado (vigente, por más señas) deja asentada esta perspectiva, que ayuda al mejor conocimiento del principio del que hablamos.
La segunda parte, como se adelantó, es un case book de derecho comparado. Los autores han congregado a un significativo número de autores, representativos de distintos ordenamientos jurídicos y los han puesto ante treinta casos que tienen en común el que sus soluciones pueden estructurarse en torno a la buena fe. Con ello, los autores colocan de manifiesto la pertinencia de observar las soluciones que los ordenamientos jurídicos proveen a problemas similares. En este sentido, es significativo observar las diferencias entre las soluciones aportadas por los distintos ordenamientos. La buena fe, principio ordenador de las mismas, se manifiesta en varias posibilidades de aplicación; la elección de la más o apropiada la hace cada ordenamiento en atención a sus valoraciones.
La obra es, sin duda, un aporte significativo y no decepciona en ninguna de sus partes. el nivel de los estudiosos que participan en ella es el más alto y ello ofrece garantías de seriedad. Debe interesearse por esta obra todo estudioso del derecho privado dotado de sensibilidad histórica y cuyas perspectivas metodológicas abarquen el conocimiento de las experiencias comparadas.
Amazon.com's Best of 2001
If The Future of Ideas is bleak, we have nobody to blame but ourselves. Author Lawrence Lessig, a Stanford law professor and keen observer of emerging technologies, makes a strong case that large corporations are staging an innovation-stifling power grab while we watch idly. The changes in copyright and other forms of intellectual property protection demanded by the media and software industries have the potential to choke off publicly held material, which Lessig sees as a kind of intellectual commons. He eloquently and persuasively decries this lopsided control of ideas and suggests practical solutions that consider the rights of both creators and consumers, while acknowledging the serious impact of new technologies on old ways of doing business. His proposals would let existing companies make money without using the tremendous advantages of incumbency to eliminate new killer apps before they can threaten the status quo. Readers who want a fair intellectual marketplace would do well to absorb the lessons in The Future of Ideas. --Rob Lightner
Book Description
The Internet revolution has come. Some say it has gone. In
The Future of Ideas, Lawrence Lessig explains how the revolution has produced a counterrevolution of potentially devastating power and effect. Creativity once flourished because the Net protected a commons on which widest range of innovators could experiment. But now, manipulating the law for their own purposes, corporations have established themselves as virtual gatekeepers of the Net while Congress, in the pockets of media magnates, has rewritten copyright and patent laws to stifle creativity and progress.
Lessig weaves the history of technology and its relevant laws to make a lucid and accessible case to protect the sanctity of intellectual freedom. He shows how the door to a future of ideas is being shut just as technology is creating extraordinary possibilities that have implications for all of us. Vital, eloquent, judicious and forthright,
The Future of Ideas is a call to arms that we can ill afford to ignore.
Customer Reviews:
Good review.......2007-09-10
Deep understanding on what is going on with intelectual property that we don't see on the newspapers
Best on the subject.......2006-11-04
The author has great insight in the area of intellectual property and how it has an impact in future innovation.
Complex But Wonderful Nonetheless.......2005-06-16
The book is written in a very complex style -- especially the sections where Lessig goes into the nitty gritty of the architecture behind the Internet -- but the book is a wonderful read, especially for those who come from the mindset that copyright laws should serve to give full control to the creator. While Lessig's style is unnecessarily complex, the book is ultimately worth the effort -- especially for Internet enthusiasts and entrepreneurs who need to understand the implications of copyright laws and how they affect culture and future ideas.
Important book for IP lawyers and internet architects.......2004-06-19
This is the best of Lessig's books that I've read so far. Lessig is one of the more articulate spokespersons for the movement to protect the public domain, which includes such groups as the Electronic Frontier Foundation, Creative Commons, etc., although he may be more moderate in his views than some.
In this book, Lessig does a great job explaining why the Internet became what it is (or at least what it was in 1999 or 2000). Ultimately the success of the Internet resulted from the fact that no one was in control... But his most important message is that corporate interests don't necessary like what it is, and are using their considerable powers to change it into something more useful to them. This isn't because these companies are evil - their approach is completely rational and legitimate. However, their interests and the interests of the public probably don't coincide here.
The only way to ensure that future control and/or regulation properly balances public and corporate interests is to have an informed public. Professor Lessig's book is a great start.
From whence comes invention?.......2004-03-30
Ultimately, the flaw in Lessig's books is his belief that the revolution of personal computing and the internet are the products of intellectuals like himself. Undermining the freedom and property rights of the programmers and companies who really invented these marvels is a profound threat to one of America's most vital and creative industries.
Customer Reviews:
Legal Transplants: An Approach to Comparative Law.......2007-03-16
This book is a reprint and not a second edition. THe only additional material is an afterword. It is a good starting point on legal transplants but requires reading of many other books by this author before the topic becomes clear.
Book Description
Why do some people not hesitate to call the police to quiet a barking dog in the middle of the night, while others accept the pain and losses associated with defective products, unsuccesful surgery, and discrimination? Patricia Ewick and Susan Silbey collected accounts of the law from more than four hundred people of diverse backgrounds in order to explore the different ways that people use and experience it. Their fascinating and original study identifies three common narratives of law that are captured in the stories people tell.
One narrative is based on an idea of the law as magisterial and remote. Another views the law as a game with rules that can be manipulated to one's advantage. A third narrative describes the law as an arbitrary power that is actively resisted. Drawing on these extensive case studies, Ewick and Silbey present individual experiences interwoven with an analysis that charts a coherent and compelling theory of legality. A groundbreaking study of law and narrative, The Common Place of Law depicts the institution as it is lived: strange and familiar, imperfect and ordinary, and at the center of daily life.
Customer Reviews:
An excellent, meticulously researched book........2000-03-06
The richness of this book comes from four hundred thirty interviews that support the text. The gist of the book is that people have three takes on the law: before the law, against the law, and with the law.
"Before the law" is an attitude of awe and respect for the institution. Faith in that day in court, that statue of blind justice and the policeman is my friend. "Against the law" is an attitude of resistance to the institution. Law as a caprice of the powerful, and resistance the right way to deal with it. "With the law" is an attitude of game playing with the institution. I didn't make the rules, but me and my lawyer, we sure as hell will play the game. People shift and change among these modes depending on where they are in life, the particulars of the situation, and growing experience with the law.
The biggest contribution of this book is in highlighting the game playing aspect of dealing with law. I think game-playing gets short shrift from other law authors who may be stuck inside their very serious institution. Most other books reduce game-playing to simple economic theory and don't pay enough attention to the human side of gaming with the law. I mean, really. Just look at how big the sports section of the Sunday paper is versus the economic analysis section! Games are a big part of everyday life. Ewick & Silbey give game-playing the appropriate type of attention. Big bravo.
My only criticism is that the language of this book is mainly for an academic audience, and thus I give it only four stars-sorry. The writing could be de-academicized and made more powerful and popular. Overall it is an excellent, meticulously researched book
I got the book for its cover-the picture of chairs in newly shoveled parking space. Now that's a real hotbed of attitude in the informal/formal law divide. Thanks to the authors and worker-bees for all their work.
Common Place Of Law is anything but common.......1999-10-19
The Common Place Of Law is a literate, witty and very well written explanation of how law does and does not work for the people for whom law was created: the common citizen.
Using anecdotal material mixed with sociological theory, Ewing and Silbey have created an intelligent mix of the plebeian and the patrician.
A very, very important book for the study of law today........1998-11-11
This book is accessible to many different audiences and is profound in its content. It would be an excellent book for undergraduate education, legal education or, even for pleasure reading. The anecdotal chapters interspersed with the analysis of the role of law in the lives or ordinary Americans makes this sophisticated book about the sociology of law in contemporary society one that should have staying power in the academy as well as more popular venues. What it has to say about law -- that Americans have a complex and sometimes contradictory relationship with the legal system and its promise of justice -- is not surprising as much as it is affirming and explanatory of so much of what we experience these days in the media and popular culture. The method the authors use to tease their thesis is rigorous and convincing, a model of scholarship for students and professionals. The Common Place of Law is a book to which I will refer and which I will reread for years.
Book Description
A standard in the labor arbitration profession—concise, authoritative overview of the leading arbitral principles developed in 50 years of the NAA.
Your black-letter overview of leading arbitral principles.
In this collection by members of the National Academy of Arbitrators, 16 master arbitrators explain the profession's most widely accepted arbitral principles concerning a variety of arbitration subjects. You get black-letter statements that summarize important points—plus extensive commentary and references that enhance your own perspective on practical and theoretical issues.
The book's unique format helps you discern the key elements of each topic, compare arbitrators' divergent opinions, and locate the appropriate references for details from relevant arbitration awards and treatises.
The Common Law of the Workplace: The Views of Arbitrators, Second Edition provides additional information on ethics in arbitration, application of external law, and drug abuse and violence in the workplace. The new edition also includes discussion of the issues surrounding use of the Parol Evidence Rule.
In addition, citations to court and arbitration decisions have been updated, as have references to secondary authorities. A new, comprehensive index has been added for easy reference.
Customer Reviews:
Succinct, Clear, and a Great Resource.......2007-05-14
The format of this book is a restatement, where each principle is set out as a bold black letter section and underneath it are both commentary and case references. I have found it to be invaluable and fun to read. The principles are divided into different categories commonly associated with labor arbitrations and this is a multi-author work. It may be out of print, and this is a shame, but if you can get it, buy it. Highly recommended for anyone involved in or interested in labor arbitration.
Common Law of the Workplace: The Views of Arbitrators is a great book.......2006-10-20
As an arbitrator, and also a member of the National Academy of Arbitrators, I disagree strongly with the other review. To begin, the book itself makes it clear that it is NOT official National Academy of Arbitrators Policy or viewpoint. Second, the reviewer actually ignored the WHOLE title of the book. It is "The Common Lw of the Workplace: The Views of Arbitrators." If you read it (and this is a readable book, unlike Elkouiri, How Arbitration Works for example), you will find 15 scholarly articles written with differing viewpoints. In fact, the arbitrators disagree with each other on some really major points. These analyses are tied to the record made before the arbitrator, and the unique elements of the contracts which the arbitrator is trying to apply and interpret. Black letter princples are followed by analytical examples. One learns that first line arbitrators are not applying a monolithic "The law of the Shop," but are instead trying to apply "The law of a Shop.' The book deals with matters of procedure and substance. It gives a surprisingly succinct overview of such issues as "just cause" for discipline. The section of "Troubled employees' is lyrical. The intricacies of contract interpretaiton are well laid out -- a difficult subject is made understandable. It has a new section on ethics. Rather than getting a "common law," the careful reader will find a sweet and melodious chorus, which will give you some useful insight into how arbitration cases are really decided by arbitrators. If I could only buy one book on arbitration, this would be it. It provides a lot of 'bang for the buck,'
Necessary Evil.......2005-11-05
I am the director of labor relations for a state government. I disagree with the fundamental premise of this book inasmuch as I reject the notion that there IS a common law of workplaces. That said, the arbitrators are all citing to this work and it is authoritative. At minimum a practitioner should have it to see what the Academy is thinking and adjust your argument and presentation accordingly.
My beef with the Academy, and they know who they are, is the whole notion of "inherent ambiguity" in contract language espoused in this book. To my mind, it is simply a rationalization for broad equity powers for arbitrators, power that I deny that they have unless expressly conferred by the agreement.
As I said, I disagree with it, but I have it and insist that my staff at least consult it.
Book Description
This volume includes the complete text of the third edition of 1739.
Average customer rating:
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Defensive Measures Against Hostile Takeovers in the Common Market
Manufacturer: Springer
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ASIN: 0792308344 |
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- I also used this book as an undergrad...
- Incredible!
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Economics and the Common Law: Cases and Analysis
Allan DeSerpa
Manufacturer: South-Western College Pub
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Binding: Paperback
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Law's Order: What Economics Has to Do with Law and Why It Matters
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Thinking Strategically: The Competitive Edge in Business, Politics, and Everyday Life
ASIN: 0324289774 |
Book Description
Designed more to complement an existing text on the subject of Law & Economics, this casebook has more complete cases than the leading texts. Brief sections follow the cases in order to highlight the key points of economic analysis. The text fulfills the need for more complete case material, and important case material, that is sometimes glossed over in texts. At the same time, the analyses provide summaries of the key economic elements to the cases.
Customer Reviews:
I also used this book as an undergrad..........2005-04-15
and it's terrific. Dr. DeSerpa presents a complex topic in way that blends the basics of economics with "real world" applications. Most importantly, I still use what I gained from DeSerpa's curriculum. This book is definitely a must have for econ students and anyone interested in the subject of law and economics.
Sincerely,
James D. Ray
New York, NY
Incredible!.......2005-04-15
I took Dr. Deserpa's Law and Economics Class when he was using the manuscript for this book. The cases presented are relevent, and provide some much appreciated pieces of humor. As a first-year law student right now, I can honestly say I consult back with (what eventually became) this book for insights into my classes when we go over the cases Dr. Deserpa presents. This book has my highest recommendation!
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Law and Business of the Sports Industries: Common Issues in Amateur and Professional Sports Second Edition
Robert C. Berry , and
Glenn M. Wong
Manufacturer: Praeger Publishers
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ASIN: 027593862X |
Book Description
First issued in 1986, this volume and its companion on professional sports leagues were soon recognized as "one of a kind . . . an ideal source for the sports law practitioner." Now, the editors provide a thoroughly revised and updated version. The volume identifies the most significant and current cases in amateur sports (and overlap areas in professional sports, such as tort liability and criminal law). It provides extensive analysis and interpretation of each case in clear, readable, and lively style. While designed as a text in sports law and sports management, the volume also serves as a comprehensive handbook for professionals in law firms, the leagues, associations, and among agents.
Book Description
An intensive global search is on for the “rule of law,” the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities.
Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?
Books:
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- History: Fiction or Science? (Chronology, No. 1)
- History: Fiction or Science? (Chronology, No. 1)
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