Suchergebnisse

Intro -- Preface -- I. General Aspects -- Juridification - Concepts, Aspects, Limits, Solutions -- Juridification and Disorder -- Justice, Equality, Judgement: On "Social Justice" -- II. Labor -- Juridification of Labor Relations -- Juridification - A Universal Trend? The British Experience in Labor Law -- Juridification: Labor Relations in Italy -- III. Corporations -- Juridification of Corporate Structures -- Juridification and Legitimation Problems in American Enterprise Law -- Recent Developments in Italian Corporate Law -- IV. Antitrust -- Restrictive Trade Practices and Juridification: A Comparative Law Study -- Antitrust: Alternatives to Delegalization -- V. Social Welfare -- Juridification in the Field of Social Law -- The Juridification of Social Welfare in Britain -- Authors' Biographical Sketches -- Index.

"This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications"--Provided by publisher

Ex ante and ex post -- The idea of efficiency -- Thinking at the margin -- The single owner -- The least cost avoider -- Administrative cost -- Rents -- The coase theorem -- Agency (with Eric Posner) -- The prisoner's dilemma -- Public goods -- The stag hunt -- Chicken -- Cascades -- Voting paradoxes -- Suppressed markets (with Saul Levmore) -- Rules and standards -- Slippery slopes (with Eugene Volokh) -- Acoustic separation -- Property rules and liability rules -- Baselines -- Willingness to pay and willingness to accept : the endowment effect and kindred ideas -- Hindsight bias -- Framing effects -- Anchoring -- Self-serving bias, with a note on attribution error -- Presumptions -- Standards of proof -- The product rule -- The base rate -- Value and markets

In one of the twentieth century's landmark Supreme Court cases, Brown v. Board of Education, social scientists such as Kenneth Clark helped to convince the Supreme Court Justices of the debilitating psychological effects of racism and segregation. John P. Jackson, Jr., examines the well-known studies used in support of Brown, such as Clark's famous "doll tests," as well as decades of research on race which lead up to the case. Jackson reveals the struggles of social scientists in their effort to impact American law and policy on race and poverty and demonstrates that without these scientists, who brought their talents to bear on the most pressing issues of the day, we wouldn't enjoy the legal protections against discrimination we may now take for granted. For anyone interested in the history and legacy of Brown v. Board of Education, this is an essential book