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ly188

The Road to Serfdom
F.A. Hayek

I was introduced to Friedrich von Hayek through reading Thomas Sowell. And I decided to read this book because it was a highly recommended read in the Freedom's Nest Website Reading List.
As soon as I started reading this book, I developed a warm feeling toward the author. In his original introduction, Hayek started with: "When a professional student of social affairs writes a political book, his first duty is plainly to say so. This is a political book...." His candor and his confidence were so befitting with his great intellect.

Noting that Hayek was an Austrian, I was impressed by his mastery of the English language and I enjoyed his writing style. With mild language and in simple terms, Hayek made very sweeping predictions and patiently explained his reasoning with convincing arguments based on economic and human behavioral theories.

Hayek's thesis was that central economic planning will inevitably lead to governmental control of every facet of its citizen's life, and hence toward a totalitarian state. Hayek's other insightful observations: Nazism, Fascism and communism all have the same roots. In a totalitarian state, it is always the ruthless and the unsophisticated who ascend to the top. Extensive governmental control harms the society not just in delivering dismal economic results, but, more seriously, it produces a psychological change, an alteration in the character of the people.

One must not forget that when Hayek wrote this book, his was very much a voice in the wilderness; he was ridiculed and denounced by his contemporaries. But his ideas stood the test of time! And blessedly, he lived to see that - to see first the building and eventually the fall of the Berlin Wall.

This little book was said to have had definitive influence on such giants as Churchill, Thatcher, Reagan and many others. Perhaps the book's influence was best attested to by its being banned in the USSR, China and many other totalitarian countries.

This book belongs on your book shelf.

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ly188

The Lost World of Classical Legal Thoughtaw and Ideology in America, 1886-1937
William M. Wiecek

Review
"William Wiecek's The Lost World of Classical Legal Thought is a remarkable achievement. It has an extraordinary sweep, synthesizing with admirable clarity a transformation of enormous scope and importance. The book can serve extremely well as an introduction to the legal history of the period. Scholars who toil in these fields will find in the book a well-balanced yet distinctive point of view. For them it will also be a consistently useful resource because of Wiecek's wide-ranging use and discussion of primary and secondary sources, capped by a wonderful bibliographical essay."--Richard Friedman, Oxford University

"William M. Wiecek...has succeed in the difficult task of writing an intellectual and legal history that should be readily accessible to a wide audience of students, lawyers, and historians, while sensitively situating Classical Legal Thought within the social, economic and political conditions that gave rise to it....The World of Classical Legal Thought is deftly written, thoroughly enjoyable, and a book well worth reading. It will undoubtedyly become an important resource for both students and scholars, and will serve as an excellent book for the law-school classroom. Wiecek's appendix, a detailed historiography of Classicism, is an absolute must for those working in the field." --Felice Batlan, New York University, in H-NET

"We have needed a rigorously researched, perceptively analyzed, and comprehensively clear synthesis of this core topic for a very long time. Eureka!"--Harold M. Hyman, Rice University

"In this thorough and deftly written account of classical legal thought and its role in privileging powerful economic interests and social elites, Professor Wiecek presents an important, forceful challenge to revisionists who have stressed its libertarian and egalitarian elements."--Michael Les Benedict, Ohio State University

"William Wiecek's Lost World of Classical Thought reads like a first-rate legal mystery story. We have always known that the 'switch in time that saved nine' in 1937 was a crucial turning point in the history of the jurisprudence of the U.S. Supreme Court. But it wasn't very clear how the anti-New Deal attitudes of the pre-1937 Court derived from what Wiecek calls the 'classical' jurisprudence of the late nineteenth century. Nor have we known how the post-1937, but pre-Warren, New Deal Court built its own distinctive jurisprudence. Wiecek's account tells that story, and in so doing helps us understand the origins of the truly modern jurisprudence of the 1950s. Everyone who wonders how the preconditions of the Warren Court were constructed will want to read this absorbing and important book."--Stanley N. Katz, Woodrow Wilson School, Princeton University

Book Description
This book examines the ideology of elite lawyers and judges from the Gilded Age through the New Deal. Between 1866 and 1937, a coherent outlook shaped the way the American bar understood the sources of law, the role of the courts, and the relationship between law and the larger society. William M. Wiecek explores this outlook--often called "legal orthodoxy" or "classical legal thought"--which assumed that law was apolitical, determinate, objective, and neutral. American classical legal thought was forged in the heat of the social crises that punctuated the late nineteenth century. Fearing labor unions, immigrants, and working people generally, American elites, including those on the bench and bar, sought ways to repress disorder and prevent political majorities from using democratic processes to redistribute wealth and power. Classical legal thought provided a rationale that assured the legitimacy of the extant distribution of society's resources. It enabled the legal suppression of unions and the subordination of workers to management's authority. As the twentieth-century U.S. economy grew in complexity, the antiregulatory, individualistic bias of classical legal thought became more and more distanced from reality. Brittle and dogmatic, legal ideology lost legitimacy in the eyes of both laypeople and ever-larger segments of the bar. It was at last abandoned in the "constitutional revolution of 1937", but--as Wiecek argues in this detailed analysis--nothing has arisen since to replace it as an explanation of what law is and why courts have such broad power in a democratic society.

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ly188

The Nature of the Judicial Process
Benjamin N Cardozo

Book Description

In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case. In simple, understandable language, he discusses the ways rulings are guided and shaped by information, precedent and custom, and standards of justice and morals.

This book reflects the profound intellect of one of the most highly regarded jurists in American history. Despite its age, Justice Cardozo's classic treatise provides insights into the "real" workings of the judicial decision making process that remain relevant to a modern analysis of American jurisprudence. His exploration of the motivations, ideals, and even prejudicies of judges serves to demystify this crucial aspect of the legal system. His insights into "legal realism" provide an appreciation of this judicial approach and offers an understanding of its underlying rationale, as well as an argument for its continued utility for modern jurists. Most importantly, he strives to make the judicial process comprehensible and, even, approachable to the non-practitioner of law, as well as law students, thus attempting to make public law, truly, "public."

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ly188

Criminal and Citizen in Modern Mexico
Robert Buffington

Book Description

Criminal and Citizen in Modern Mexico explores elite notions of crime and criminality from the late eighteenth to the early twentieth century. In Mexico these notions represented contested areas of the social terrain, places where generalized ideas about criminality transcended the individual criminal act to intersect with larger issues of class, race, gender, and sexuality. It was at this intersection that modern Mexican society bared its soul. Attitudes toward race amalgamation and indios, lower-class lifestyles and léperos, women and sexual deviance, all influenced perceptions of criminality and ultimately determined the fundamental issue of citizenship: who belonged and who did not. The liberal discourse of toleration and human rights, the positivist discourse of order and progress, the revolutionary discourse of social justice and integration sought in turn to disguise the exclusions of modern Mexican society behind a veil of criminality—to proscribe as criminal those activities that criminologists, penologists, and anthropologists clearly linked to marginalized social groups. This book attempts to lift that veil and to gaze, like José Guadalupe Posada, at the grinning calavera that it shields.

About the Author

Robert M. Buffington is an assistant professor of history at Bowling Green State University.


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ly188

The Economics of Sin
Rational Choice or No Choice at All

The Economics of Sin examines the definition and evolution of sin from the perspective of rational choice economics, yet is conscious of the limitations of such an approach. The author argues that because engaging in activities deemed to be sinful is an act of choice, it can therefore be subject to the logic of choice in the economic model.
The book considers the formation of religions, including the new age revival of `wicca', as regulators of the quasi-market in sins, and goes on to appraise the role of specific sins such as lying, envy, jealousy, greed, lust, sloth, and waste in individual markets and in macroeconomic activity. Empirical evidence on issues such as cannibalism, capital punishment, addiction, adultery and prostitution is also explored. Samuel Cameron concludes that a large percentage of economic activity is intimately connected with forms of sin which are in some circumstances highly beneficial to the functioning of markets, particularly in the presence of market failure.

This innovative, interdisciplinary study of the institution of sin will be of enormous interest to a wide-ranging readership, including researchers and teachers of economics, sociology and theology. It will also be of importance for anthropologists and philosophers.

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ly188

The Nature of the Firm: Origins, Evolution, and Development
Oliver E. Williamson, Sidney G. Winter

Review
"Our advice to anyone interested in organizations and organization theory is don't miss this book. It includes some of the past, present, and future of a major line of thought regarding the nature of the firm. It is an important ontribution to the expanding interest in organization theory."--Journal of Management

"articularly timely given Coase's receipt of the 1991 Nobel Prize for economics....For students and noneconomists, the volume provides an accessible route into the now enormous literature on economic organization....Specialists, on the other hand, will find ample grist for their analytical mills."--Business History Review

"The evolution of the theory is interesting, several important issues are discussed, and the suggestions for future research are illuminating. For those not familiar with this literature, the book provides a clear exposition of its origins and key ideas."--Business History

"Many of the papers are exccellent. The book is accessible to advanced undergraduates and graduate students and valuable for specialists in the field. It is that rare conference volume which is interesting, enlightening, and important."--Journal of Economic Literature

"A lively debate on economic approaches to the firm....It is unlikely that there is a better book than this one for understanding what the economics mainstream and periphery have to say today on the organization and governance of the firm."--Administrative Science Quarterly

Book Description
In 1937, Ronald H. Coase published "The Nature of the Firm," a classic paper that raised fundamental questions about the concept of the firm in economic theory. Coase proposed that the comparative costs of organizing transactions through markets rather than within firms are the primary determinants of the size and scope of firms. Coase won the 1991 Nobel Prize in Economics for this work. This volume derives from a conference held in 1987 to commemorate the fiftieth anniversary of the publication of Coase's classic article. The first chapter affords an overview of the volume. It is followed by a republication of the 1937 article, and by the three lectures Coase presented at the conference. These lectures provide a lively and informative history of the origins and development of his thought. Subsequent chapters explore a wide-range of theoretical and empirical issues that have arisen in the transaction cost economic tradition. They illustrate the power of the transaction cost approach to enhance understanding not only of business firms, but of problems of economic organization generally. In addition to Coase's work, contributors include Sherwin Rosen, Paul Joskow, Oliver Hart, Harold Demsetz, Scott Masten, Benjamin Klein, as well as the volume's editors, Oliver E. Williamson, and Sidney G. Winter. The Nature of the Firm includes Coase's acceptance speech for his Nobel Prize in Economics.


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ly188

Oxford Dictionary of Law - the 5th edition

Format: PDF 4120KB
ISBN 0198607563  
ISBN13 9780198607564
Pages 560
Publisher Oxford University Press
Imprint Oxford University Press  Published in Oxford
Series title Oxford Paperback Reference S.

Introduction:

This fully up-to-date edition takes account of recent changes in UK legislation. It is a handy desk reference for lawyers and an ideal source of legal terminology for students and secretaries in any country where the legal system is based on English law. It provides clear, jargon-free information for professionals, students, and people without a legal qualification. It contains over 4,000 entries that define and explain the major terms, concepts, processes, and the organization of the English legal system. It features authoritative and up-to-date articles which have been written by practising and academic lawyers. New entries cover the Woolf reforms, human rights law, as well as family law, central and local government, and international law. This work was described by leading university lecturers as being ' the best law dictionary at present' and 'excellent for non law students as well as Law undergraduates'.

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ly188

Antitrust Policy And Vertical Restraints
Robert William Hahn

Product Description
Antitrust law is intended to protect consumer welfare and foster competition. At first glance, however, it is often unclear whether certain business practices have positive or detrimental effects. Some activities that appear anticompetitive can actually prove beneficial to consumers. In Antitrust Policy and Vertical Restraints leading law and economics scholars take a hard look at how vertical restraints limit the conditions under which firms may purchase, sell, or resell a good or service. Vertical restraints can be defined as any arrangement between firms operating at different levels of the manufacturing or distribution chain that restricts the conditions under which such firms may purchase, sell or resell. Business tying and bundling practices, as one example, often come under scrutiny for depriving consumers of choice and driving up prices. In practice, however, bundling can lower costs and increase convenience. In order to formulate efficient policy, we must be able to identify and limit those practices that are likely to do more harm than good. It is critical that policymakers and analysts know which vertical restraints are likely to harm consumers more than they benefit competition. The authors, representing both sides of the debate over tying practices, provide a broad and informed perspective on this important issue. Contributors: Dennis Carlton (University of Chicago), David Evans (University College London), Bruce Kobayashi (George Mason University), and Michael Waldman (Cornell University).

About the Author
Robert W. Hahn is co-founder and executive director of the American Enterprise Institute Brookings Joint Center for Regulatory Studies and a resident scholar at AEI. He has served as a consultant to government and industry on a variety of issues involving regulation and antitrust.

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ly188

Awakening Monster: The Alien Tort Statute of 1789
Gary Clyde Hufbauer , Nicholas K. Mitrokostas

Book Description
Within the next decade, 100,000 Chinese class action plaintiffs, organized by New York trial lawyers, could sue General Motors, Toyota, General Electric, Mitsubishi, and a host of other blue-chip corporations in a US federal court for abetting China’s denial of political rights, for observing China’s restrictions on trade unions, and for impairing the Chinese environment. These plaintiffs might claim actual damages of $6 billion and punitive damages of $20 billion. Similar blockbuster cases are already working their way through federal and state court systems.
How could this nightmare scenario become a reality? Because of a little-known, one sentence law enacted in 1789— the Alien Tort Statute (ATS): "The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States."

In this analysis, Hufbauer and Mitrokostas examine the chilling impact the ATS could have on trade and foreign direct investment. They trace its history from the original intent to recent court interpretations, including a look at class-action suits over asbestos and apartheid. They provide an economic picture of the potential scope of ATS litigation, cite the possible collateral damage, and review the impact that ATS rulings could have on global relations. The authors recommend measures Congress should take to limit expansive court interpretations. The study is a must-read for policymakers, international lawyers, and students.

About the Author
Gary Clyde Hufbauer, Reginald Jones Senior Fellow, was formerly a Marcus Wallenberg Professor of International Finance Diplomacy at Georgetown University (1985–92); Deputy Director of the International Law Institute at Georgetown University (1979–81); Deputy Assistant Secretary for International Trade and Investment Policy of the US Treasury (1977–79); and Director of the International Tax Staff at the Treasury (1974–76). He has written extensively on international trade, investment, and tax issues. He is coauthor of NAFTA and the Environment: Seven Years Later (2000), World Capital Markets: Challenge to the G-10 with Wendy Dobson (2001), coeditor of Unfinished Business: Telecommunications after the Uruguay Round (1997), Fundamental Tax Reform and Border Tax Adjustments (1996), Measuring the Costs of Protection in the United States (1994), NAFTA: An Assessment (rev. 1993), US Taxation of International Income (1992), and numerous other publications and papers.

Nicholas K. Mitrokostas received his J.D., magna cum laude, from Georgetown University Law Center in May 2003 and will clerk for the Honorable Judith A. Cowin of the Supreme Judicial Court of Massachusetts.

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ly188

Arbitrary and Capricious: The Precautionary Principle in the European Union Courts
Gary E. Marchant

Book Description
This study examines how the European Union has used the precautionary principle in legal decisions.

About the Author
Gary E. Marchant is a professor of law at Arizona State University College of Law in Tempe, Arizona. He also serves as director of ASU’s Center for the Study of Law, Science and Technology.
Kenneth L. Mossman is a professor of health physics in the School of Life Sciences at Arizona State University in Tempe, where he has also served as assistant vice president for research.

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ly188

Benchbook for U.S. District Court judges
U.S. Judiciary

Benchbook for U.S. District Court Judges, Fourth Edition, with March 2000 revisions, Federal Judicial Center, 1996.

The Federal Judicial Center released its first Benchbook for U.S. District Court Judges in 1969. Second and third editions, in 1979 and 1986, consisted of materials prepared by experienced judges and reviewed by the Center’s Benchbook Committee, which also approved staff-prepared revisions and expansions necessary to keep the book current and responsive. Because many bankruptcy and magistrate judges reported that they found the Benchbook useful, the Center expanded the book’s audience to include them.

In 1995, at the suggestion of my predecessor, Judge William W Schwarzer, the Committee decided to take a fresh look at the book, not only to update material but also to consolidate information located in different sections, to delete material that was no longer timely or was available from other sources, to organize the contents into a more accessible format, and to expand cross-references to other Center reference manuals and publications. This fourth edition of the Benchbook is the product of that effort.

The Center is indebted to the members of its Benchbook Committee, who are appointed by the Chief Justice. The Committee is chaired by Judge A. David Mazzone (D. Mass.) and consists of Chief Judge William O. Bertelsman (E.D. Ky.), Judge William B. Enright (S.D. Cal.), Judge Aubrey E. Robinson, Jr. (D.D.C.), and Judge Louis L. Stanton (S.D.N.Y.). Chief Judge Richard P. Matsch (D. Colo.) is the Center Board’s liaison to the Committee.

I am pleased to express the Center’s appreciation also to other judges who contributed suggestions, including members of the Judicial Conference’s Criminal Law Committee, and to staffs of the Administrative Office of the U.S. Courts and the U.S. Sentencing Commission, with whom we have consulted about particular parts of this revision.

We hope this edition of the Benchbook serves you well and we invite your continued comments and suggestions for making it better.

Rya W. Zobel
Director, Federal Judicial Center



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ly188

Crime Scene Investigation: A Guide for Law Enforcement
National Institute of Justice

Crime Scene Investigation: A Guide for Law Enforcement discusses the fundamental principles of investigating a crime scene and preserving evidence that need to be practiced in order to yield reliable information.

Physical evidence has the potential to play a critical role in the overall investigation and resolution of a suspected criminal act. Crime Scene Investigation: A Guide for Law Enforcement discusses the fundamental principles of investigating a crime scene and preserving evidence that need to be practiced in order to yield reliable information. This research report is intended for use by law enforcement and other responders who have responsibilities for protecting crime scenes, preserving physical evidence, and collecting and submitting the evidence for scientific examination

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ly188

Freedom of Expression
Kembrew McLeod  Doubleday/Random House

Praise for Freedom of Expression

ly188

Handbook on Nuclear Law
Carlton Stoiber, Alec Baer, Norbert Pelzer, Wolfram Tonhauser, IAEA

This handbook describes the emerging global legal framework for nuclear technologies and the role of the IAEA磗 legal assistance services.

This handbook has been designed to facilitate lawmakers in Member states of the IAEA to ensure that in drafting new laws covering nuclear activities or in revising or consolidating old laws, their national nuclear legal infrastructures are in line with relevant international undertakings and best practice in the field of nuclear law.

The handbook explains the overall character of nuclear law and the process by which it is developed and applied. It also provide a summary overview of a number of areas involving the use of nuclear materials or techniques, clarifying the key principles and concepts that are important for the effective regulation of the activity in question.



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ly188

Rethinking Rehabilitation
David Farabee

Most Americans readily support rehabilitation for convicted offenders--after all, on the face of it, many of these people have been dealt a bad hand, or at least have made poor choices, and surely would mend their ways if only they had access to enlightened forms of treatment, vocational training, or other programs. Yet an objective assessment of the research literature reveals that the majority of these rehabilitative programs have little or no lasting impact on recidivism.

In this monograph, David Farabee critically reviews the most common forms of offender rehabilitation and outlines their underlying assumptions about the causes of crime (such as drug use, poor education, or limited vocational skills). He contends that fundamental principles of deterrence, such as closer monitoring of parolees, swift application of sanctions, and indeterminate community supervision--the completion of which would be tied to the offender performance--are in the long run far more humane than the progressive approaches that are becoming more popular today.

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ly188

The Antitrust Laws
John H. Shenefield, Irwin M. Stelzer

The return of antitrust activism in recent years and the rapid developments in the communications and technology industries have enhanced the need for a good, basic guide to antitrust laws

In this fourth edition of The Antitrust Laws: A Primer, the authors substantially update material on international antitrust policy and intellectual property in light of recent developments. They also consider the role of antitrust laws in accommodating the tension between the desire to innovate and the desire to optimize the rate of diffusion of new inventions.

The Antitrust Laws also provides readers with an analysis of mergers and acquisitions and an assessment of international antitrust enforcement that reflects recent guidelines and the evolving agreements among nations to cooperate in enforcement.


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ly188

The Political Economy of Intellectual Property Law
William M. Landes, Richard A. Posner


This monograph seeks to explain the expansion of intellectual property law over the last half century, focusing in particular on the rapid growth that began with the 1976 Copyright Act. In so doing, it explores a fundamental, unresolved issue in the theory of regulation: why some kinds of regulation have increased dramatically over this period while others have virtually disappeared.

William M. Landes is the Clifton R. Musser Professor of Law and Economics at the University of Chicago Law School, where he teaches economic analysis of law, art law, and intellectual property. Coeditor of the Journal of Legal Studies, he specializes in the application of economics to legal problems, and has written widely in the fields of torts and antitrust law. Formerly the president of the American Law and Economics Association, Dr. Landes has appeared as an expert before courts, administrative agencies, and committees of Congress.

The Honorable Richard A. Posner was appointed to the U.S. Court of Appeals for the Seventh Circuit in 1981, and served as the chief judge from 1993 to 2000. Prior to his appointment, Judge Posner taught at the University of Chicago Law School for twelve years; earlier he had held several positions in Washington, including law clerk for U.S. Supreme Court Justice William J. Brennan Jr. He is the author of the landmark Antitrust Law (2nd ed. 2001), as well as Economic Analysis of Law (6th ed. 2003), and the founder of the Journal of Legal Studies.


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