Reconstructing Contracts

Author: Douglas G. Baird

Publisher: Harvard University Press

ISBN: 0674073584

Category: Law

Page: 182

View: 592

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Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

Copyright Reconstructed

Rethinking Copyright’s Economic Rights in a Time of Highly Dynamic Technological and Economic Change

Author: P. Bernt Hugenholtz

Publisher: Kluwer Law International B.V.

ISBN: 9041191240

Category: Law

Page: 370

View: 2652

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The historical evolution of copyright has led to a growing disconnect between the legal definitions of economic rights and the business and technological realities they regulate, eroding copyright’s normative content and distorting the scope of its economic rights. This book, which consolidates the results of a major trans-European research project funded by Microsoft Europe, re-examines the core economic rights protected under EU copyright law, with the aim of bringing these rights more in line with economic and technological realities. Pursuing an interdisciplinary approach combining economic and legal methods, nine of Europe’s most respected copyright scholars and economists present a variety of models for reconstructing copyright’s economic rights, focusing on five potentially copyright-relevant acts that lie at the borders of exclusive rights: - digital resale; - private copying; - hyperlinking and embedding; - cable retransmission; and - text and data mining. Offering the most incisive current thinking on copyright’s economic rights in an increasingly networked world where acts of usage of works occur on a global or regional scale rather than on a purely national territorial basis, this book will be of immeasurable value not only to academics but also to practitioners and professionals in intellectual property law, scholars in the fields of international and EU copyright law, and lawmakers and judges at the EU, national and international levels.

Reconstructing Iraq's Budgetary Institutions

Coalition State Building after Saddam

Author: James D. Savage

Publisher: Cambridge University Press

ISBN: 1107039479

Category: Business & Economics

Page: 304

View: 6668

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Consistent with the literature on state building, failed states, peacekeeping and foreign assistance, this book argues that budgeting is a core state activity necessary for the operation of a functional government. Employing a historical institutionalist approach, this book first explores the Ottoman, British and Ba'athist origins of Iraq's budgetary institutions. The book next examines American pre-war planning, the Coalition Provisional Authority's rule-making and budgeting following the invasion of Iraq in 2003, and the mixed success of the Coalition's capacity-building programs initiated throughout the occupation. This book sheds light on the problem of 'outsiders' building states, contributes to a more comprehensive evaluation of the Coalition in Iraq, addresses the question of why Iraqis took ownership of some Coalition-generated institutions, and helps explain the nature of institutional change.

Liberalizing Contracts

Nineteenth Century Promises Through Literature, Law and History

Author: Anat Rosenberg

Publisher: Routledge

ISBN: 1317410491

Category: History

Page: 264

View: 9228

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In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.?

Reconstructing the Middle East

Political and Economic Policy

Author: Abdulwahab Alkebsi,Nathan J Brown,Charlotta Sparre

Publisher: Taylor & Francis

ISBN: 1317214323

Category: Political Science

Page: 268

View: 3468

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It is clear by now that the label ‘Arab Spring’ has proven too simplistic to describe the uprisings that upended the political order of the Arab world in late 2010. Brutal crackdowns and civil conflict in Syria, Libya, and Yemen dashed the hopes that peaceful democratic revolutions would sweep the region. In other countries, the departure of authoritarian leaders led to many false starts without producing democratic conclusions. Societies that had appeared united in opposition suddenly seemed fractious. Youth were once again banished to the political margins. ‘Reconstructing the Middle East’ examines the changes that happened within the region from 2010 and the long-term challenges and opportunities they present. Featuring the work of authors with a diversity of perspectives, most of whom hail from the region, it addresses key issues of political, economic and societal changes, the role of young people and of the international community. In addition, the book deals with the questions of both political and economic reform, and the intertwined nature of the two. Political reform that allows greater participation will fail to quell frustration if Arabs continue to feel that their job prospects are bleak. Similarly, Arabs will not accept economic reform that restores growth but continues to fence off the political sphere. This book offers a unique perspective on the uprisings by focusing on specific issue areas where change is needed, and offering a roadmap for the long road towards state building and new social contracts based on political inclusion, respect for pluralism, and sustained economic growth. As such, it will be a valuable resource for students and scholars of Middle East Politics, as well as those with an interest in the Arab Spring.

Reconstructing Post-Saddam Iraq

Author: Sultan Barakat

Publisher: Routledge

ISBN: 1136763716

Category: Law

Page: 308

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Previously published as a special issue of Third World Quarterly, this volume analyzes to what extent the controversial US policy of democratizing the Middle East with pre-emptive invasions was justified or effective.

Contract Law and Theory

Author: Eric A. Posner

Publisher: Aspen Publishers

ISBN: 9781454869511

Category: Law

Page: 260

View: 7872

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Contract Law and Theory, Second Edition conveys a grasp of theory and policy that makes all of the contract rules easier to understand. By explaining and applying contract theory to a wide range of contracts cases, Eric Posner reveals not only the "what" of doctrine but also the "why" -- why one rule rather than another makes sense from a policy perspective. An understanding of what contract theory is and how it is applied will help you to understand not only Contracts, as taught in law school, but also the many areas of law in which contractual ideas operate, such as bankruptcy law, secured transactions, and corporate law. An exciting new Student Treatise from an eminent authority, Contract Law and Theory, Second Edition features: Complete coverage of contracts that includes the principal cases covered in most first-year contracts courses A general explication of the rules of contract that begins with the simplest ideas and gradually builds in complexity A consistent emphasis on the application of theory to doctrine, through analysis of a rich selection of cases A readable and expert treatment of the role of economics in contract law Illustrative examples that point to noteworthy cases Suitability for use alongside any casebook

Freedom's Frontier

California and the Struggle over Unfree Labor, Emancipation, and Reconstruction

Author: Stacey L. Smith

Publisher: UNC Press Books

ISBN: 1469607697

Category: History

Page: 344

View: 9874

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Most histories of the Civil War era portray the struggle over slavery as a conflict that exclusively pitted North against South, free labor against slave labor, and black against white. In Freedom's Frontier, Stacey L. Smith examines the battle over slavery as it unfolded on the multiracial Pacific Coast. Despite its antislavery constitution, California was home to a dizzying array of bound and semibound labor systems: African American slavery, American Indian indenture, Latino and Chinese contract labor, and a brutal sex traffic in bound Indian and Chinese women. Using untapped legislative and court records, Smith reconstructs the lives of California's unfree workers and documents the political and legal struggles over their destiny as the nation moved through the Civil War, emancipation, and Reconstruction. Smith reveals that the state's anti-Chinese movement, forged in its struggle over unfree labor, reached eastward to transform federal Reconstruction policy and national race relations for decades to come. Throughout, she illuminates the startling ways in which the contest over slavery's fate included a western struggle that encompassed diverse labor systems and workers not easily classified as free or slave, black or white.

Reconstructing Solidarity

Labour Unions, Precarious Work, and the Politics of Institutional Change in Europe

Author: Virginia Doellgast,Nathan Lillie,Valeria Pulignano

Publisher: Oxford University Press

ISBN: 0192509659

Category: Political Science

Page: 288

View: 6784

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Work is widely thought to have become more precarious. Many people feel that unions represent the interests of protected workers in good jobs at the expense of workers with insecure employment, low pay, and less generous benefits. Reconstructing Solidarity: Labour Unions, Precarious Work, and the Politics of Institutional Change in Europe argues the opposite: that unions try to represent precarious workers using a variety of creative campaigning and organizing tactics. Where unions can limit employers' ability to 'exit' labour market institutions and collective agreements, and build solidarity across different groups of workers, this results in a virtuous circle, establishing union control over the labour market. Where they fail to do so, it sets in motion a vicious circle of expanding precarity based on institutional evasion by employers. Reconstructing Solidarity examines how unions build, or fail to build, inclusive worker solidarity to challenge this vicious circle and to re-regulate increasingly precarious jobs. Comparative case studies from fourteen European countries describe the struggles of workers and unions in industries such as local government, retail, music, metalworking, chemicals, meat packing, and logistics. Their findings argue against the thesis that unions act primarily to protect labour market insiders at the expense of outsiders.

Modern Motherhood and Women’s Dual Identities

Rewriting the Sexual Contract

Author: Petra Bueskens

Publisher: Routledge

ISBN: 1317195450

Category: Social Science

Page: 334

View: 8425

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Why do women in contemporary western societies experience contradiction between their autonomous and maternal selves? What are the origins of this contradiction and the associated ‘double shift’ that result in widespread calls to either ‘lean in’ or ‘opt out’? How are some mothers subverting these contradictions and finding meaningful ways of reconciling their autonomous and maternal selves? In Modern Motherhood and Women’s Dual Identities, Petra Bueskens argues that western modernisation consigned women to the home and released them from it in historically unprecedented, yet interconnected, ways. Her ground-breaking formulation is that western women are free as ‘individuals’ and constrained as mothers, with the twist that it is the former that produces the latter. Bueskens’ theoretical contribution consists of the identification and analysis of modern women’s duality, drawing on political philosophy, feminist theory and sociology tracking the changing nature of discourses of women, freedom and motherhood across three centuries. While the current literature points to the pervasiveness of contradiction and double-shifts for mothers, very little attention has been paid to how (some) women are subverting contradiction and ‘rewriting the sexual contract’. Bridging this gap, Bueskens’ interviews ten ‘revolving mothers’ to reveal how periodic absence, exceeding the standard work-day, disrupts the default position assigned to mothers in the home, and in turn disrupts the gendered dynamics of household work. A provocative and original work, Modern Motherhood and Women’s Dual Identities will appeal to graduate students and researchers interested in fields such as Women and Gender Studies, Sociology of Motherhood and Social and Political Theory.

Reconstruction

America's Unfinished Revolution, 1863-1877

Author: Eric Foner

Publisher: Harper Collins

ISBN: 9780062035868

Category: History

Page: 736

View: 6542

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Newly Reissued with a New Introduction: From the "preeminent historian of Reconstruction" (New York Times Book Review), a newly updated edition of the prize-winning classic work on the post-Civil War period which shaped modern America. Eric Foner's "masterful treatment of one of the most complex periods of American history" (New Republic) redefined how the post-Civil War period was viewed. Reconstruction chronicles the way in which Americans—black and white—responded to the unprecedented changes unleashed by the war and the end of slavery. It addresses the ways in which the emancipated slaves' quest for economic autonomy and equal citizenship shaped the political agenda of Reconstruction; the remodeling of Southern society and the place of planters, merchants, and small farmers within it; the evolution of racial attitudes and patterns of race relations; and the emergence of a national state possessing vastly expanded authority and committed, for a time, to the principle of equal rights for all Americans. This "smart book of enormous strengths" (Boston Globe) remains the standard work on the wrenching post-Civil War period—an era whose legacy still reverberates in the United States today.

Accident Reconstruction Science

Author: Alan J. Watts

Publisher: Lawyers & Judges Publishing

ISBN: 9781936360031

Category: Law

Page: 399

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Rev. ed. of: Low speed automobile accidents: accident reconstruction and occupant kinematics, dynamics, and biomechanics. 3rd ed. c2003.

Africana Critical Theory

Reconstructing the Black Radical Tradition, from W. E. B. Du Bois and C. L. R. James to Frantz Fanon and Amilcar Cabral

Author: Reiland Rabaka

Publisher: Lexington Books

ISBN: 0739128868

Category: Biography & Autobiography

Page: 431

View: 5134

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Africana Critical Theory innovatively identifies and analyzes continental and diasporan African contributions to classical and contemporary critical theory through the works of W. E. B. Du Bois, C.L.R. James, Aime Cesaire, Leopold Senghor, Frantz Fanon, and Amilcar Cabral.

Glannon Guide to Contracts

Learning Contracts Through Multiple-Choice Questions and Analysis

Author: Theodore Silver,Stephen Hochberg

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860707

Category: Law

Page: 672

View: 6705

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The proven Glannon Guide is a user-friendly study aid to use throughout the semester as a great supplement to (or substitute for) classroom lecture. Topics are broken down into manageable pieces and are explained in a conversational tone. Chapters are interspersed with hypotheticals like those posed in the classroom that include analysis of answers to ensure thorough understanding. Additionally, “The Closer” questions pose sophisticated hypotheticals at the end of each chapter to present cumulative review of earlier topics. More like classroom experiences, the Glannon Guide provides you with straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick. The user-friendly Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. The material is broken into small, manageable pieces to help you master concepts. Multiple-choice questions are interspersed throughout each chapter (not lumped at the end) to mirror the flow of a classroom lecture. Correct and incorrect answers are carefully explained; you learn why they do or do not work. You can rely on authority; the series was created by Joseph W. Glannon―Harvard-educated, best-selling author of, among other legal texts, Examples and Explanations; Civil Procedure, now in its sixth edition. “The Closer” poses a sophisticated problem question at the end of each chapter to test your comprehension. A final “Closing Closer” provides you practice opportunity as well as a cumulative review of all the concepts from earlier chapters. You can check your understanding each step of the way. More like classroom experiences, these Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes the material stick.

Reconstructing Reality

Models, Mathematics, and Simulations

Author: Margaret Morrison

Publisher: Oxford University Press, USA

ISBN: 0199380279

Category: Philosophy

Page: 334

View: 4637

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This text examines issues related to the way modelling and simulation enable us to reconstruct aspects of the world we are investigating. It also investigates the processes by which we extract concrete knowledge from those reconstructions and how that knowledge is legitimated.

Interpreters of Occupation

Gender and the Politics of Belonging in an Iraqi Refugee Network

Author: Madeline Otis Campbell

Publisher: Syracuse University Press

ISBN: 081565359X

Category: Political Science

Page: 240

View: 1468

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During the Iraq War, thousands of young Baghdadis worked as interpreters for US troops, becoming the front line of the so-called War on Terror. Deployed by the military as linguistic as well as cultural interpreters—translating the "human terrain" of Iraq—members of this network urgently honed identification strategies amid suspicion from US forces, fellow Iraqis, and, not least of all, one another. In Interpreters of Occupation, Campbell traces the experiences of twelve individuals from their young adulthood as members of the last Ba’thist generation, to their work as interpreters, through their navigation of the US immigration pipeline, and finally to their resettlement in the United States. Throughout, Campbell considers how these men and women grappled with issues of belonging and betrayal, both on the battlefield in Iraq and in the US-based diaspora. A nuanced and richly detailed ethnography, Interpreters of Occupation gives voice to a generation of US allies through their diverse and vividly rendered life histories. In the face of what some considered a national betrayal in Iraq and their experiences of otherness within the United States, interpreters negotiate what it means to belong to a diasporic community in flux.

Reconstructing the Cold War

The Early Years, 1945-1958

Author: Ted Hopf

Publisher: OUP USA

ISBN: 0199858489

Category: History

Page: 305

View: 5340

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The early years of the Cold War were marked by contradictions and conflict. The turn from Stalin's discourse of danger to the discourse of difference under his successors explains the abrupt changes in relations with Eastern Europe, China, the decolonizing world, and the West. Societal constructivism provides the theoretical approach to make sense of this turbulent history

Self-Taught

African American Education in Slavery and Freedom

Author: Heather Andrea Williams

Publisher: Univ of North Carolina Press

ISBN: 9780807888971

Category: Social Science

Page: 320

View: 7140

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In this previously untold story of African American self-education, Heather Andrea Williams moves across time to examine African Americans' relationship to literacy during slavery, during the Civil War, and in the first decades of freedom. Self-Taught traces the historical antecedents to freedpeople's intense desire to become literate and demonstrates how the visions of enslaved African Americans emerged into plans and action once slavery ended. Enslaved people, Williams contends, placed great value in the practical power of literacy, whether it was to enable them to read the Bible for themselves or to keep informed of the abolition movement and later the progress of the Civil War. Some slaves devised creative and subversive means to acquire literacy, and when slavery ended, they became the first teachers of other freedpeople. Soon overwhelmed by the demands for education, they called on northern missionaries to come to their aid. Williams argues that by teaching, building schools, supporting teachers, resisting violence, and claiming education as a civil right, African Americans transformed the face of education in the South to the great benefit of both black and white southerners.

Liberalism and War

The Victors and the Vanquished

Author: Andrew J. Williams

Publisher: Psychology Press

ISBN: 0415359805

Category: Political Science

Page: 263

View: 5675

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Military power is now the main vehicle for regime change. The US army has been used on more than 30 different occasions in the post-Cold War world compared with just 10 during the whole of the Cold War era. Leading scholar Andrew Williams tackles contemporary thinking on war with this detailed study on liberal thinking over the last century about how wars should be ended, using a vast range of historical archival material from diplomatic, other official and personal papers, which this study situates within the debates that have emerged in political theory. He examines the main strategies used at the end, and in the aftermath, of wars by liberal states to consolidate their liberal gains and to prevent the re-occurrence of wars with those states they have fought. This new study also explores how various strategies: revenge; restitution; reparation; restraint; retribution; reconciliation; and reconstruction, have been used by liberal states not only to defeat their enemies but also transform them. This is a major new contribution to contemporary thinking and action. This book will be of great interest to all students and scholars of politics, international relations and security studies.