Law's Premises, Law's Promise

Law's Premises, Law's Promise
Author: Thomas Morawetz
Publisher: Routledge
Total Pages: 315
Release: 2019-07-16
Genre: Social Science
ISBN: 1351779168

This title was first published in 2000: The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection offers his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

False Premise, False Promise

False Premise, False Promise
Author: Sally C. Pipes
Publisher: Encounter Books
Total Pages: 121
Release: 2020-01-07
Genre: Law
ISBN: 1641770732

American health care is at a crossroads. Health spending reached $3.5 trillion in 2017. Yet more than 27 million people remain uninsured. And it's unclear if all that spending is buying higher-quality care. Patients, doctors, insurers, and the government acknowledge that the healthcare status quo is unsustainable. America's last attempt at health reform -- Obamacare -- didn't work. Nearly a decade after its passage in 2010, Democrats are calling for a government takeover of the nation's healthcare system -- Medicare for All. The idea's supporters assert that health care is a right. They promise generous, universal, high-quality care to all Americans, with no referrals, copays, deductibles, or coinsurance. With a sales pitch like that, it's no wonder that seven in ten people now support Medicare for All. Doctors, especially young ones, are coming around to the idea of single-payer, too. Democrats, led by the progressive wing of the party, hope to capitalize on this enthusiasm. In 2017, they introduced companion legislation in the House and Senate that would establish Medicare for All. They have already promised to do the same when the next Congress convenes in 2019. More than 70 House Democrats have joined a new Medicare for All Caucus. Senator Bernie Sanders is effectively already on the presidential campaign trail, making his case for single-payer. If Democrats take the White House and Senate in 2020, and hold onto the House, a Medicare for All bill could be among the first pieces of legislation presented to the new president for a signature. In this book, Sally C. Pipes, a Canadian native, will make the case against Medicare for All. She'll explain why health care is not a right -- and how progressives pressing for single-payer are making a litany of promises they can't possibly keep. Evidence from government-run systems in Canada, the United Kingdom, and other developed countries proves that single-payer forces patients to withstand long waits for poor care at high cost. First, she'll unpack the Medicare for All plans under consideration in Congress. She'll explain how radical they truly are. Medicare for All will not save $5 trillion, as some of its proponents claim. It will cost about $32 trillion over 10 years, according to analyses from the Urban Institute and the Mercatus Center. It will outlaw private health insurance. It will raise taxes by trillions of dollars. It will cut pay for doctors to the rates paid by Medicare and thereby exacerbate our nation's shortage of physicians. And it will ration care. Then, Sally will detail the horrors of single-payer. She'll start in Canada, whose single-payer system most closely resembles the one progressives have in mind for the United States. Analyses of the government-run systems in the United Kingdom and a few other developed countries will follow, with particular focus on the problems that these systems pose for patients and doctors. To substantiate her indictment of single-payer, Sally will marshal both quantitative and qualitative evidence. She'll highlight how Americans fare better than their peers in Canada and the United Kingdom on the health outcomes that are directly linked to the quality of a healthcare system, including survival rates for patients with cancer and cardiovascular issues. She'll also explain why the health outcomes where the United States performs poorly relative to other nations, like infant mortality and life expectancy, tell us little about our healthcare system. Sally will pepper her text with heart-wrenching stories of the human costs of single-payer -- of people who were injured, were forced to remain in pain, or even died because their government-run healthcare system delayed or denied care. Too often, evangelists for free markets limit their arguments to facts and statistics -- and fail to appeal to the public's emotions. Sally will feature the stories of individuals and families who have been victims of single-payer systems. These vignettes will help drive home the truth about single-payer -- and why it must not come to the United States. She'll conclude with her vision for delivering the affordable, accessible, quality care the American people are looking for.

The Structure of Property Law

The Structure of Property Law
Author: Ben McFarlane
Publisher: Bloomsbury Publishing
Total Pages: 889
Release: 2008-07-09
Genre: Law
ISBN: 1847317057

Shortlisted for the Peter Birks Prize for Outstanding Legal Scholarship 2009 In its essence, property law has to provide answers to two very difficult questions: who is entitled to use property, and how are they entitled to use it? Property law is therefore inherently difficult, but not impossibly so. It consists of an ordered and logical system, which aims to take the sting out of fierce disputes. This book provides a new perspective on property law. By setting out an underlying structure, it allows the reader to understand the fundamental principles of this difficult subject. By providing detailed coverage of individual topics, it shows how those principles apply in practice and provides a comprehensive resource for anyone studying, teaching, researching or practising in property law. The book is written in an accessible style, with frequent summaries and, in both its pages and companion web-site it makes use of helpful visual aids. It is ideal reading for law students seeking a rock-solid understanding of how property law and land law work, and contains sufficient detail for use as a course book in: " Property Law " Land Law " Personal Property Law The book also provides detailed analysis of core topics in: " Equity & Trusts " Commercial Law " Unjust Enrichment & Restitution See the companion website for this book: www.hartpub.co.uk/companion/propertylaw.html.

Foundational Principles of Contract Law

Foundational Principles of Contract Law
Author: Melvin A. Eisenberg
Publisher: Oxford University Press
Total Pages: 905
Release: 2018-09-20
Genre: Law
ISBN: 0199875677

Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.

Law, Truth, and Reason

Law, Truth, and Reason
Author: Raimo Siltala
Publisher: Springer Science & Business Media
Total Pages: 296
Release: 2011-07-29
Genre: Law
ISBN: 9400718721

This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.

Property Law

Property Law
Author: Christine A. Klein
Publisher: Aspen Publishing
Total Pages: 928
Release: 2024-06-10
Genre: Law
ISBN:

Renowned environmental and natural resource legal scholar Christine Klein is joined by Shannon Roesler, the Charlotte and Frederick Hubbell Professor of Environmental and Natural Resources Law at the University of Iowa College of Law, on the third edition of Property: Cases, Problems, and Skills. This comprehensive casebook combines the core, doctrinal elements of a 1L Property course with larger, more nuanced social, environmental, and ethical perspectives. This book offers a versatile, middle position in the Property market: it is straightforward and tightly-organized while also avoiding oversimplification. Property: Cases, Problems, and Skills offers a wealth of doctrinal, policy, and theoretical subtleties for professors who want to probe deeper. It adopts a modern, skills-based approach to Property Law, and includes a balance of classic and new cases, narrowly-focused skills exercises (including advocacy, drafting, client interviewing/counseling, and negotiation), and selected statutory excerpts. Chapter review problems (with answers provided in the Appendix for student self-testing) and a host of other pedagogical features—such as discussion problems that raise novel and modern challenges, “A Place to Start” doctrinal overview boxes, and “Reading Guide” boxes—aid student understanding and comprehension. A two-color interior breaks up text for easier reading, with judicious use of photographs, text boxes, and pedagogical diagrams. This clear and accessible casebook encourages students to engage with Property Law’s complexity, ambiguity, and nuance. New to the Third Edition: Expanded coverage of issues of race and class as they intersect with property law throughout the book. Expanded coverage of pressing social issues in property law, such as the eviction crisis and the affordable housing shortage. Edited versions of recent Supreme Court cases such as McGirt v. Oklahoma and Cedar Point Nursery v. Hassid, and updates to notes discussing contemporary property issues. Edits to chapters on estates and future interests to facilitate a range of choices about which material to cover. Benefits for instructors and students: Tightly and clearly organized, both substantively and visually, with a balance of new and classic cases Shorter page count than other Property casebooks—allowing it to focus on the core, doctrinal aspects of Property law Visual aids—including maps, diagrams, and photographs Clear identification of the majority/minority/trend status of each rule, as relevant Chapter Reviews—with concise post-case notes, multiple choice and essay questions (with answers in the Appendix), and “Bringing it Home” statutory practice (guiding students in researching their state’s statutory coverage of selected topics likely to be regulated by statute) Clearly-marked pedagogy—including “A Place to Start” boxes that present sufficient doctrinal background to free up precious class time for digging deeper into nuance and ambiguity “Reading Guide” boxes preceding cases—to guide the students in extracting contextual meaning from cases A skills exercise in each chapter—providing in-depth opportunities for students to develop skills related to the substantive material covered in the chapter A discussion problem in each chapter—providing a rich factual context to facilitate further exploration of law and policy as applied to fresh, modern contexts Post-case notes—including “Practice Pointers” asking students to re-draft ambiguous language in documents that precipitated litigation, to explore alternatives to litigation, and to advise clients on litigation strategy Notes on “The Place”—conveying background about the geographic location of the disputed property, and designed to remind students that legal disputes can be influenced by physical and human context Relevant statutory and Restatement excerpts—collected and presented in one location within the chapter (rather than scattered in snippets throughout) Periodic statutory excerpts and exercises—introducing students to the interplay of common law and statutory law “Test Your Understanding” sections—containing problems that the professor can work through during class (with answers in the teacher’s manual), or that can be left to the students for self-directed learning