Author: Emily Sherwin Publisher: ISBN: 9781628100259 Category : Equitable remedies Languages : en Pages : 0
Book Description
This casebook explores the law of remedies, and several features distinguish it from other leading casebooks. This book treats equity as a vital part of modern law. It has extensive coverage of unjust enrichment and restitution. It makes ample use of historical and empirical materials. And the book uses the pedagogically innovative technique of illustrating many remedial principles in both a tort context and a contract context. Although there is somewhat more emphasis on private law in this book, the latest edition includes a new chapter on "Remedies Against the Government," which introduces suits against government officers, Bivens, qualified immunity, and structural injunctions. The book is named for three of the previous editors: James Barr Ames, Zechariah Chafee, Jr., and Edward D. Re.
Author: Emily Sherwin Publisher: Foundation Press ISBN: 9781599418636 Category : Equitable remedies Languages : en Pages : 0
Book Description
Ames, Chafee, and Re on Remedies includes materials assembled by James Barr Ames, Zechariah Chafee, and Edward D. Re, as well as a substantial number of new cases and materials assembled by the current editors. A successor to Re and Re on Remedies, this title covers: Damages Equity Restitution Punitive damages Remedial defenses Collection Attorneys' fees For the principal subject matter, each subject includes a brief chapter on history and one or more chapters on modern doctrine. The emphasis throughout is on private law and common-law decision making, with empirical material on application of remedies interspersed.
Author: Hanoch Dagan Publisher: Oxford University Press ISBN: 0198876300 Category : Law Languages : en Pages : 317
Book Description
What makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution. Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls 'relational justice' - reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By structuring these interactions in terms requiring parties to respect one another for who they are, private law can cast them as interactions between equals. In the book's first part, the authors set out a normative position they term relational justice, whereby the rules of private law abide by the fundamental maxim of reciprocal respect for self-determination and substantive equality. The second part of the book applies this framework to an analysis of familiar private law doctrinal areas, followed by a third part charting newer areas including workplace safety, poverty, discrimination, and implications for international law. Throughout, the authors show how relational justice theory provides a normative vocabulary for evaluating core features of existing private law, while suggesting directions for necessary or desirable reforms.
Author: Evan J. Criddle Publisher: Oxford University Press ISBN: 0190634111 Category : Law Languages : en Pages : 1028
Book Description
The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Author: Monica K. Miller Publisher: Springer ISBN: 3319294067 Category : Psychology Languages : en Pages : 294
Book Description
This first volume of an exciting annual series presents important new developments in the psychology behind issues in the law and its applications. Psychological theory is used to explore why many current legal policies and procedures can be ineffective or counterproductive, with special emphasis on new findings on how witnesses, jurors, and suspects may be influenced, sometimes leading to injustice. Expert scholars make recommendations for improvements, suggesting both future directions for research inquiries on topics and needed policy changes. Topics included in this initial offering have rarely been considered in such an in-depth fashion or are in need of serious re-thinking: Interrogation of minority suspects: pathways to true and false confessions. A comprehensive evaluation of showups. The weapon focus effect for person identifications and descriptions. The psychology of criminal jury instructions. Structured risk assessment and legal decision making. Children’s participation in legal proceedings: stress, coping, and consequences. Sex offender policy and prevention. The psychology of tort law. Demonstrating the scope and rigor that will characterize the series, Volume 1 of Advances in Psychology and Law will interest psychology and legal experts as well as practicing psychologists, and will inspire fresh thinking as the two fields continue to interact.
Author: Andrew S. Gold Publisher: Oxford University Press ISBN: 019091968X Category : Law Languages : en Pages : 640
Book Description
The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law. This field embraces the traditional common law subjects (property, contracts, and torts), as well as adjacent, more statutory areas, such as intellectual property and commercial law. It also includes important areas that have been neglected in the United States but are beginning to make a comeback. These include unjust enrichment, restitution, equity, and remedies more generally. "Private law" can also mean private law as a whole, which invites consideration of issues such as the public-private distinction, the similarities and differences between the various areas of private law, and the institutional framework supporting private law - including courts, arbitrators, and even custom. The New Private Law is an approach to these subjects that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement has begun resuscitating the notion of private law itself in the United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The Handbook embraces a broad range of perspectives to private law - including philosophical, economic, historical, and psychological, to name a few - yet it offers a unifying theme of seriousness about the structure and content of private law. It will be an essential resource for legal scholars interested in the future of this important field.
Author: Shyamkrishna Balganesh Publisher: Cambridge University Press ISBN: 1107192889 Category : Law Languages : en Pages : 553
Book Description
With newly uncovered personal papers, this volume offers in-depth analysis of Wesley Hohfeld's pioneering contributions to legal theory.
Author: Emily Sherwin
Author: Emily Sherwin
Author: Emily Sherwin
Author: Hanoch Dagan
Author: Heidi M. Hurd
Author: Evan J. Criddle
Author: Monica K. Miller
Author: Edward Domenic Re
Author: Andrew S. Gold
Author: Shyamkrishna Balganesh