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Legal Reason
by Weinreb Lloyd L.Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived from the innate human capacity to recognize the general in the particular, on which thought itself depends. The use of analogical reasoning is dictated by the nature of law, which requires the application of rules to particular facts. Written for scholars as well as students and persons generally who are interested in law, Legal Reason is written in clear, accessible prose, with many examples drawn from the law and from everyday experience.
Legal Reasoning
by Melvin A. EisenbergThe common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
Legal Reasoning and Legal Writing: Structure, Strategy, and Style (6th edition)
by Richard K. NeumannThe Sixth Edition of this respected and popular text remains grounded in the premise that legal reasoning and legal writing are best learned when they are taught together. Building on that foundation, Neumann continues to offer complete, clear, and timely coverage of how to form a legal argument and how to write an effective legal memorandum. Streamlined in its Sixth Edition, Legal Reasoning and Legal Writing features: comprehensive coverage of legal writing: the office memo; the motion memo; the appellate brief; eminently readable text, including an exceptionally lucid explanation of the reasoning behind the proof of a conclusion of law; a thoughtful treatment of all aspects of legal reasoning; student-friendly instruction on the process of writing, the mechanics of style, and grammar up-to-date examples and exercises; sample documents in the Appendices, including an office memo, motion memo, and two appellate briefs. Highly regarded author Richard K. Neumann, Jr. presents, in tandem, smart, in-depth coverage of legal writing and legal reasoning, supported by examples, writing samples, and extraordinarily clear and lucid exposition.
Legal Reasoning, Legal Theory and Rights (Collected Essays In Law Ser.)
by MartinP. GoldingThis book is a selection of articles and chapters published over Martin Golding's academic career. Golding's approach to the philosophy of law is that it contains conceptual and normative issues and in this volume logical issues in legal reasoning are examined, and various theories of law are critically discussed. Normative questions are dealt with regarding the rule of law and criminal law defenses, and the concept of rights and the terminology of rights are analyzed. Much of Golding's work is critical-historical as well as constructive. This volume will prove an informative and useful collection for scholars and students of the philosophy of law.
Legal Reform and Business Contracts in Developing Economies: Trust, Culture, and Law in Dakar (Cultural Diversity and Law)
by Julie PaquinThis book examines the prospects for business law reform to drive economic development in developing countries. It argues that, despite statements to the contrary, cultural factors and other local conditions in developing countries are not properly taken into account in current business law reform programs. Utilizing the city of Dakar as an example, this book investigates the consequences of this lack of fit between local needs and transplanted legal models by examining the potential and actual impact of the OHADA program of law reform on local business practices. Focusing on how managers make decisions and apply appropriate norms in routine business operations, the book documents how contractual disputes arise and are solved in Dakar and the role played by formal law in these processes. By examining imported law from the point of view of the end-users of legal reforms, the book reveals the complex relationship between formal law, local cultural norms and the activities of SMEs operating in developing economies, and calls for a reconsideration of current law and development theory as well as the role of contract law in business decisions. It will be relevant to all developing countries seeking to align their laws with ’best practice’ as identified by aid institutions.
Legal Reforms and Deprivation of Liberty in Contemporary China (The Rule of Law in China and Comparative Perspectives)
by Susan Trevaskes Flora Sapio Sarah Biddulph Elisa NesossiThe volume presents an extensive investigation into the process of reforms of detention powers in today’s China and offers an in-depth analysis of the debates surrounding the reformist attempts. The chapters in this collection demonstrate that legislative and institutional reforms in this area result from political opportunities - openings and tensions at the central institutional levels of political authority - and contingent social and political factors. The book examines legal and institutional reforms to institutions of detention and imprisonment that have occurred since the 1990s, with a particular focus on the 21st century. Its content follows three particular lines of enquiry concerning the issue of deprivation of liberty in contemporary China. The first deals with the academic and theoretical debates on the subject of imprisonment and detention. The related chapters explain the difficulties encountered in this area of research and understandings of the discourses of reform through labour in Western and Chinese scholarship. The second deals with the specific issues of criminal and administrative forms of deprivation of liberty, examining in particular the institutional and legislative dimensions, considering the relationship between reforms and criminal justice policy agendas. The third assesses the meaning of institutional reforms in the context of the changing state-society relationship in contemporary China.
Legal Reforms in China and Vietnam: A Comparison of Asian Communist Regimes (Routledge Law in Asia)
by John Gillespie Albert H.Y. ChenAlthough the adoption of market reforms has been a key factor leading to China’s recent economic growth, China continues to be governed by a communist party and has a socialist-influenced legal system. Vietnam, starting later, also with a socialist-influenced legal system, has followed a similar reform path, and other countries too are now looking towards China and Vietnam as models for development. This book provides a comprehensive, comparative assessment of legal developments in China and Vietnam, examining similarities and differences, and raising important questions such as: Is there a distinctive Chinese model, and/or a more general East Asian Model? If so, can it be flexibly applied to social and economic conditions in different countries? If it cannot be applied to a culturally and politically similar country like Vietnam, is the model transportable elsewhere in the world? Combining ‘micro’ or interpretive methods with ‘macro’ or structural traditions, the book provides a nuanced account of legal reforms in China and Vietnam, highlighting the factors likely to promote, change or resist the spread of the Chinese model.
The Legal Regime of Offshore Oil Rigs in International Law
by Hossein EsmaeiliThis book reviews and examines the relevant portions of all international treaties, cases and the national law and practice of states, in relation to international aspects of offshore oil rigs. By doing so, it offers an understanding of the legal regime surrounding oil rigs and formulates an international law framework. It investigates the issues under consideration by analyzing provisions of international law pertaining to all aspects of oil rigs, as well as international treaties and their travaux preparatoires. It also examines the national legislation of major offshore oil and gas producers and defines a framework of customary international entities such as the OSPAR and the petroleum industries of certain major offshore oil producers. Based upon the book's findings, it is clear that in spite of their increasing importance, offshore oil installations are subject to fragmentary and vague legal rules under international law.
The Legal Regime of Straits
by Hugo Caminos Vincent P. Cogliati-BantzThe right of transit passage in straits and the analogous right of archipelagic sealanes passage in archipelagic states, negotiated in the 1970s and embodied in the 1982 UNCLOS, sought to approximate the freedom of navigation and overflight while expressly recognising the sovereignty or jurisdiction of the coastal state over the waters concerned. However, the allocation of rights and duties of the coastal state and third states is open to interpretation. Recent developments in state practice, such as Australia's requirement of compulsory pilotage in the Torres Strait, the bridge across the Great Belt and the proposals for a bridge across the Strait of Messina, the enhanced environmental standards applicable in the Strait of Bonifacio and Canada's claims over the Arctic Route, make it necessary to reassess the whole common law of straits. The Legal Regime of Straits examines the complex relationship between the coastal state and the international community.
Legal Regulation of Corporate Social Responsibility
by Mia Mahmudur RahimEven though Corporate Social Responsibility (CSR) has become a widely accepted concept promoted by different stakeholders, business corporations' internal strategies, known as corporate self-regulation in most of the weak economies, respond poorly to this responsibility. Major laws relating to corporate regulation and responsibilities of these economies do not possess adequate ongoing influence to insist on corporate self-regulation to create a socially responsible corporate culture. This book describes how the laws relating to CSR could contribute to the inclusion of CSR principles at the core of the corporate self-regulation of these economies in general, without being intrusive in normal business practice. It formulates a meta-regulation approach to law, particularly by converging patterns of private ordering and state control in contemporary corporate law from the perspective of a weak economy. It proposes that this approach is suitable for alleviating regulators' limited access to information and expertise, inherent limitations of prescriptive rules, ensuring corporate commitment, and enhance the self-regulatory capacity of companies. This book describes various meta-regulation strategies for laws to link social values to economic incentives and disincentives, and to indirectly influence companies to incorporate CSR principles at the core of their self-regulation strategies. It investigates this phenomenon using Bangladesh as a case study.
The Legal Regulation of Pregnancy and Parenting in the Labour Market
by Grace JamesWhy is the law failing to protect pregnant workers and parents from detrimental treatment in the workplace? This theoretically informed book, which draws on the findings of a large scale, Nuffield Foundation funded, study of pregnancy-related workplace disputes, explores the legal regulation of pregnancy and parenting in the labour market. Using an epistemology that draws primarily on critical feminist debates, theories and critiques, the book adopts a necessarily female standpoint and seeks to answer why, despite positive policy ambitions and ample legislation, law is failing to protect pregnant workers and parents. Whilst sensitive to the limits of law’s ability to bring about social change, the book asks whether it is the direction of current policies that need attention, or the substance of the legislation that is flawed. Is it the application of the law in courts and tribunals that fails working families or the mechanics of the employment dispute resolution and tribunal system that needs adjusting? This book will interest academics, students and practitioners of law and social policy interested in employment law and discrimination.
Legal Regulation of Private Actors in Outer Space: India’s Role
by Malay AdhikariThe book addresses legal issues and challenges in using Space Technology. Especially covered are the provisions of International Space Law and few national space legislations to regulate private actors in outer space. The key chapters covered are history of space regulations, private actors in space, legal issues for such actors, regulating these issues outside India, and the same in India. In concluding chapter, the author has worked out some recommendations.The book would be of immense use to people especially startups in private space industry; students, faculties and scholars of Space Law and Policy, Space Security, Defence and Security Studies.Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka
Legal Research: How To Find And Understand The Law
by Editors of Nolo<P>Do you have legal questions at home, at work, or as part of law-related course work? Legal Research provides everything you need, laying out easy-to-follow research methods that will help you find the right answers. Find out how to: <br>locate and understand statutes, regulations, and cases <br>make sure your research is 100% up to date <br>organize your research results into a memorandum of law for use at school, at work, or in court. <P>Completely updated for the 17th edition, Legal Research shows how to use the Web to find statutes, cases, background information, and answers to specific legal questions. Even more important, you’ll be guided to the most reliable and user-friendly sites, so you won’t drown in an information flood. <P>Lots of examples and easy-to-understand instructions teach you how to use all the basic legal research tools, including: <br>Internet search engines <br>reliable free legal websites <br>legal encyclopedias, periodicals, and treatises <br>annotated legal codes and statutes <br>published reports of state and federal court cases <br>case digests and Shepard’s Citations <br>the best legal blogs
Legal Research
by Editors Of Nolo Stephen EliasIf you're searching for information in a real or virtual law library as a paralegal, law student, legal assistant, journalist, or lay person, finding and accessing the laws that you need to read can be a challenge. Turn to Legal Research, which outlines a systematic method to find answers and get results. In plain, readable English, Attorney Stephen Elias explains, with plenty of examples and instructions, how to: read and understand statutes, regulations and cases evaluate cases for their value as precedent use all the basic tools of legal research practice what you've learned with "hands-on, feet-in" library exercises, as well as hypothetical research problems and solutions This easy-to-use and understand book has been adopted as a text in many law schools and paralegal programs. This edition has been condensed to be more readable and includes an expanded discussion on the use of legal research tools on the web.
Legal Research
by Stephen EliasLegal research made simple! If you're searching for information in a real or virtual law library as a paralegal, law student, legal assistant, journalist, or lay person, finding and accessing the laws that you need to read can be a challenge. Turn to Legal Research, which outlines a systematic method to find answers and get results. In plain, readable English, Attorney Stephen Elias explains, with plenty of examples and instructions, how to: read and understand statues, regulations and cases evaluate cases for their value as precedent use all the basic tools of legal research practice what you've learned with "hands-on, library exercises, as well as hypothetical research problems and solutions This easy-to-use and understand book has been adopted as a text in many law schools and paralegal programs. This edition has been condensed to be more readable and includes an expanded discussion on the use of new legal research tools on the web.
Legal Research, Analysis, And Writing
by William H. Putman Jennifer R. AlbrightComprehensive yet easy to understand, the third edition of LEGAL RESEARCH, ANALYSIS, AND WRITING teaches the fundamentals in a hands-on, step-by-step format that is designed to build confidence. With coverage of key topics such as research analytical principles, legal research, legal analysis, and legal writing, this popular book covers the information readers need to know in order to find, access, apply, and analyze legal materials. Numerous hypotheticals, examples, and exercises clarify material and give readers additional opportunities for practice. In addition, the third edition includes the most up-to-date information in the field, with special attention given to electronic research programs such as WestlawNext, LexisNexis interface, Shepard's online, and Westlaw's KeyCite.
Legal Research And Writing For Paralegals
by Deborah E. BouchouxLegal Research and Writing for Paralegals emphasizes the skills and issues that paralegals encounter in practice. Thoroughly up-to-date, the Ninth Edition continues to combine clear text with visual aids, writing samples, tips, and pointers. Designed specifically for paralegal students, Deborah Bouchoux s classroom-tested approach teaches cutting-edge research skills, writing style, and proper citation form to equip students with an essential skill set and well-founded confidence. <p><p> The author's logical and comprehensive approach enhances students understanding. Part I covers Primary Authorities, Part II discusses Secondary Authorities, and Part III covers the basics of Legal Writing. In addition, Bouchoux integrates writing strategies into each research chapter to demonstrate the link between the two processes. Thorough coverage of electronic research includes chapters on both internet research and fee-based services. Bouchoux thoroughly explains proper citation form and the process of updating/validating legal authorities. The Legal Writing section includes samples of legal writing, such as letters, a court brief, and a legal memorandum.
Legal Research and Writing For Paralegals (Sixth Edition)
by Deborah E. BouchouxFocusing on the issues that paralegals face on the job, Legal Research and Writing for Paralegals presents an organized and practical introduction to legal research and writing. The carefully updated Sixth Edition takes a close look at new products and developments in electronic research while continuing to build on the strength of its pedagogy. A comprehensive overview enriched by illustrations and exercises, this text features: * an approach that integrates writing strategies into research chapters to show the link between these two processes * thorough coverage of electronic research, with a chapter on Internet research and fee-based services, such as Lexis and Westlaw * pointers throughout for using electronic resources more effectively * helpful charts and diagrams that clearly illustrate complex topics * Practice Tips in each chapter that offer realistic and helpful suggestions for workplace success * State Your Answer exercises that help students learn how to navigate through cyberspace * Internet Assignmentswhich can be made state-specific;that give students practice finding information on-line * step-by-step guidance for proper citation formkeyed to the fourth edition of ALWD and the new 19th edition of The Bluebook * directions for how to update and validate legal authorities * samples of legal writing, such as letters, a court brief, and a legal memorandum Updated throughout, the new Sixth Edition gives you more: * expanded coverage of electronic research * how to use "Google Scholar" to locate cases * how to access government documents from GPO Access to FDsys * the new features from Westlaw and Lexis, including WestlawNext, the new "intuitive platform" the new Easy Search feature, and Case in Brief * Fastcase, the fee-based, computer-assisted system, its free "app" for iPhones, and other law-related apps * a new assignment that uses Loislaw * a new assignment that compares Shepardize and KeyCite * new sample pages
The Legal Research and Writing Handbook: A Basic Approach for Paralegals (Aspen Paralegal)
by Andrea B. Yelin Hope Viner SambornWith clear explanations, examples, and visual aids, The Legal Research and Writing Handbook, Eighth Edition by Andrea Yelin and Hope Viner Samborn offers complete coverage of a complex subject in a student-friendly, accessible text. In this thoroughly updated new edition, the authors continue to keep pace with legal research, citation, and technology in today’s law firms. This practical text focuses on efficient research processes and techniques for both traditional and electronic sources, along with step-by-step instruction through each stage of the legal writing process, from prewriting strategies, to revising. The text is enhanced with examples and visual aids, expert writing and practice tips, hands-on exercises, ethics alerts, up-to-date web resources, and easy-to-navigate page design. Excellent exercises are provided to reinforce student learning. <P><P> Key Features: <li>Updated and expanded coverage of electronic resources reflecting how paralegals do research today <li>Detailed discussion of how to use legal authorities in legal communications and how to synthesize them and present them to attorneys <li>Examples, exhibits, practical tips, updated exercises, and web resources in every chapter <li>Expanded discussion of e-mail and e-memos <li>In-depth coverage of the IRAC method, as well as how to write legal memoranda and legal correspondence
The Legal Research and Writing Handbook: A Basic Approach for Paralegals (6th Edition)
by Andrea B. Yelin Hope Viner SambornThe highly successful textbook on research and writing makes every step of the process accessible to paralegal students. The authors provide effective research tools, practical strategies and an efficient procedure for researching the law with both traditional and electronic sources. Step-by-step instruction leads students through each stage of activity, from prewriting to revising, and covers the IRAC method, legal memoranda, letters, and more. Invaluable pedagogy features examples, exhibits, expert writing tips,exercises, practice tips, ethics alerts, and web resources. Detailed subheadings provide quick access to topics, and appendices on helpful topics such as Shepardizing and Cite Checking, Citation and Sample Memoranda round out the presentation. The Student Workbook provides for extensive practice,sharpening research and writing skills. Thoroughly revised, the Sixth Edition presents new sample pages and updated exercises. Citation coverage has been updated to the 4th edition of ALWD and the 19th edition of The Bluebook . Inclusion of all the latest changes in legal research led to the revision of references, links, and examples. Students are now given more coaching on the practical aspects of outlining. The Instructor's Manual has expanded explanations, and answers to exercises and questions have been made clearer and more accessible. Hallmark features of The Legal Research and Writing Handbook:Accessible coverage of every step of the research and writing process Research tools and strategies teach an efficient process cover traditional and electronic sources Step-by-step instruction in legal writing process prewriting strategies to revising the IRAC method legal memoranda, letters, and more Excellent pedagogy examples and exhibits expert writing tips exercises practice tips ethics alerts web resources Detailed subheadings for quick access to topics Helpful appendices Shepardizing and Cite Checking Citation Sample Memoranda Student Workbook-extensive practice in research and writing skills ; Thoroughly updated, the revised Sixth Edition presents:New sample pages Citation coverage updated to 4th edition of ALWD and 19th edition of The Bluebook Latest changes in legal research Revised and updated material throughout:references links examples exercises More detail on practical aspects of outlining Thorough revision of the Instructor's Manual expanded explanations cogent and accessible answers to exercises and questions*Instructor's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Wolter's Kluwer Law & Business at 800.529.7545 or examcopy@wolterskluwer.com.
Legal Research Guide: Paterns and Practice, Fourth Edition
by Linda L. Schlueter Bonita K. Roberts(4th Ed.) The purpose of this book is to provide law students, attorneys, and others doing legal research a simple step-by-step guide to the basic hard copy research processes.
Legal Research in a Nutshell (Nutshell Series)
by Morris L. Cohen Kent C. OlsonFinding and using legal resources effectively is an essential skill for lawyers. This comprehensive but succinct guide covers research procedures using major online services, free Internet resources, and library materials. Several hundred websites are discussed and placed in context for effective and productive use in research. Discussion includes coverage of legislative history, administrative law, specialized and interdisciplinary resources, and research in international and comparative law. Appendices list state research guides and treatises and services by subject, and a companion website has a regularly updated list of URLs and illustrations of online and print resources.
Legal Research in a Nutshell (8th edition)
by Morris Cohen Kent OlsonServing as both a text for beginning law students and a reference for experienced researchers, Legal Research in a Nutshell provides an overview of basic research methods. The expert authors discuss case law, statutes, secondary sources, and other research tools; they also analyze resources in more specialized areas, such as legislative history and administrative law. Completely updated with dozens of new Web addresses and 20 percent more illustrations of print and electronic sources, this comprehensive guide explains the investigative process using online databases, CD-ROM, and Internet resources, including free and commercial internet sites. Discussion also includes international and comparative law materials, as well as business and interdisciplinary research.
Legal Resolution of Nuclear Non-proliferation Disputes
by James D. FryHow viable is the resolution of nuclear non-proliferation disputes through the International Court of Justice and international arbitration? James Fry examines the compromissory clauses in the IAEA Statute, IAEA Safeguards Agreements and the Convention on the Physical Protection of Nuclear Material that give jurisdiction to these fora and analyses recent jurisprudence to demonstrate how legal resolution can handle such politically sensitive disputes. In sum, legal resolution of nuclear non-proliferation disputes represents an option that States and commentators have all too often ignored. The impartiality and procedural safeguards of legal resolution should make it an acceptable option for target States and the international community, especially vis-à-vis the procedural shortcomings and general heavy-handedness of Security Council involvement under UN Charter Chapter VII.
Legal Responses to Domestic Violence
by Mandy BurtonThis book aims to examine legal responses to domestic violence in a holistic way. In England and Wales, as in other jurisdictions, much attention has been paid to the criminal justice response to domestic violence. The response of the civil justice system has not been ignored, but has been somewhat marginalized. Legal Responses to Domestic Violence takes a systematic approach to examining legal responses, encompassing the full range of decision makers within the legal system to analyze developments in substantive law and practice, in particular the movement towards an integrated justice approach.