Managing Legal Uncertainty

Author : Ronen Shamir
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.19/5 ( download)

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Download or read book Managing Legal Uncertainty written by Ronen Shamir and published by . This book was released on 1995 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the New Deal came a dramatic expansion of the American regulatory state. Threatening to undermine many of the traditional roles of the legal system and its actors by establishing a system of administrative law, the new emphasis on federal legislation as a form of social and economic planning ushered in an era of "legal uncertainty." In this study Ronen Shamir explores how elite corporate lawyers and the American Bar Association clashed with academic legal realists over the constitutionality of the New Deal's legislative program. Applying the insights of Weber and Bourdieu to the sociology of the legal profession, Shamir shows that elite members of the bar had a keen self-interest in blocking the expansion of administrative law. He dismisses as oversimplified the view that elite lawyers were "hired guns" who argued that New Deal legislation was unconstitutional solely because of their duty to represent their capitalist clients. Instead, Shamir suggests, their alignment with the capitalist class was an incidental result of their attempt to articulate their vision of the law as scientific, apolitical, and judicially oriented--and thereby to defend their own position within the law profession. The academic legal realists on the other side of the constitutional debates criticized the rigidity of the traditional judicial process and insisted that flexibility of interpretation and the uncertainty of legal outcomes was at the heart of the legal system. The author argues that many legal realists, encouraged by the experimental nature of the New Deal, seized an opportunity to improve on their marginal status within the legal profession by moving their discussions from academic circles to the national policy agenda.

Author : Sam Selvadurai
Publisher : Cambridge University Press
ISBN 13 : 1009063219
Total Pages : 375 pages
Book Rating : 4.10/5 ( download)

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Download or read book Law, War and the Penumbra of Uncertainty written by Sam Selvadurai and published by Cambridge University Press. This book was released on 2022-04-07 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.

Author : Adrian Vermeule
Publisher : Harvard University Press
ISBN 13 : 9780674022102
Total Pages : 356 pages
Book Rating : 4.06/5 ( download)

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Download or read book Judging Under Uncertainty written by Adrian Vermeule and published by Harvard University Press. This book was released on 2006 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.

Author : Peter F. Pelz
Publisher : Springer
ISBN 13 : 9783030772550
Total Pages : 0 pages
Book Rating : 4.51/5 ( download)

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Download or read book Uncertainty in Mechanical Engineering written by Peter F. Pelz and published by Springer. This book was released on 2021-05-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book reports on methods and technologies to describe, evaluate and control uncertainty in mechanical engineering applications. It brings together contributions by engineers, mathematicians and legal experts, offering a multidisciplinary perspective on the main issues affecting uncertainty throughout the complete system lifetime, which includes process and product planning, development, production and usage. The book is based on the proceedings of the 4th International Conference on Uncertainty in Mechanical Engineering (ICUME 2021), organized by the Collaborative Research Center (CRC) 805 of the TU Darmstadt, and held online on June 7–8, 2021. All in all, it offers a timely resource for researchers, graduate students and practitioners in the field of mechanical engineering, production engineering and engineering optimization.

Author : Orlin Yalnazov
Publisher : Springer
ISBN 13 : 3658243856
Total Pages : 345 pages
Book Rating : 4.52/5 ( download)

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Download or read book Precedent and Statute written by Orlin Yalnazov and published by Springer. This book was released on 2018-11-02 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.

Author : Russell H. Miller
Publisher :
ISBN 13 :
Total Pages : 562 pages
Book Rating : 4.94/5 ( download)

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Download or read book Legal Uncertainty and the Influence of Lawyers Within Hospitals written by Russell H. Miller and published by . This book was released on 1984 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Emilia Mišćenić
Publisher : Springer
ISBN 13 : 9783319803845
Total Pages : 256 pages
Book Rating : 4.40/5 ( download)

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Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2018-04-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.

Author : Tamara Afifi
Publisher : Routledge
ISBN 13 : 1135890560
Total Pages : 449 pages
Book Rating : 4.68/5 ( download)

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Download or read book Uncertainty, Information Management, and Disclosure Decisions written by Tamara Afifi and published by Routledge. This book was released on 2015-12-22 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume integrates scholarly work on disclosure and uncertainty with the most up-to-date, cutting edge research, theories, and applications. Uncertainty is an ever-present part of human relationships, and the ways in which people reduce and/or manage uncertainty involves regulating their communication with others through revealing and concealing information. This collection is devoted to collating knowledge in these areas, advancing theory and presenting work that is socially meaningful. This work includes contributions from renowned scholars in interpersonal uncertainty and information regulation, focusing on processes that bridge boundaries within and across disciplines, while maintaining emphasis on interpersonal contexts. Disciplines represented here include interpersonal, family, and health communication, as well as relational and social psychology. Key features of the volume include: comprehensive coverage integrating the latest research on disclosure, information seeking, and uncertainty a highly theoretical content, socially meaningful in nature (applied to real-world contexts) an interdisciplinary approach that crosses sub-fields within communication. This volume is a unique and timely resource for advanced study in interpersonal, health, or family communication. With its emphasis on theory, the book is an excellent resource for graduate courses addressing theory and/or theory construction, and it will also appeal to scholars interested in applied research.

Author : Jan Winczorek
Publisher :
ISBN 13 : 9781032195285
Total Pages : 0 pages
Book Rating : 4.82/5 ( download)

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Download or read book Small and Medium Enterprises, Law and Business written by Jan Winczorek and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The law plays an ambiguous role in running business. While legal tools can be used to tame uncertainties, for example, by concluding contracts to safeguard enforcement of future claims, they can also generate uncertainty. These secondary uncertainties like ones stemming from vague rights and obligations may be counterbalanced by using different resources and strategies, including acting informally, modifying business plans or accepting the losses from unpaid dues. This book discusses how small and medium enterprises use the law, abstain from using the law, and use alternative pathways to manage business uncertainties. Examining these topics through the lenses of an extensive qualitative and quantitative empirical study on justiciable issues, access to justice and legal uncertainty among SMEs in Poland, it implements and expands upon the paradigmatic paths to justice methodology which has been successfully used to study conflict resolution, access to justice and utilisation of the law by individuals in more than 30 jurisdictions. It argues that the grand promise of modern law - that it is a certainty-providing, neutral and democratic device to resolve problems and conflicts - is not fully delivered. It reveals how the conditions of a freshly developed capitalism combined with the rule of law backsliding contribute to universal, structural problems with access to justice meaning that accessing justice is a resource-hungry process, which incentivises small businesses to settle for their legal problems and engage in informal and alternative strategies"--

Author : Gary S. Lynch
Publisher : Archway Publishing
ISBN 13 : 1480839388
Total Pages : 196 pages
Book Rating : 4.80/5 ( download)

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Download or read book Uncertainty Advantage written by Gary S. Lynch and published by Archway Publishing. This book was released on 2017-01-12 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Risk and uncertainty may sound scary, but todays best business leaders are navigating both to gain strategic advantage over competitorsand you can, too. This guide for business leaders examines risk and opportunity through the lens of some of the worlds most respected visionaries, including Howard Schultz, Andy Grove, Peter Huntsman, John Krafcik, Peter Leibinger, Doug Hepper, and many more. These visionaries looked beyond financial performance to see opportunitiesand they did so by understanding uncertainty. Then, they decisively acted to create measurable results that coincided with the future they envisioned. Find out how they did it, and learn how to: identify, define, and convert uncertainty into value; become more opportunistic when facing uncertainty; develop the skill to spot where advantages are likely to emerge; and create an environment where managers and leaders complement each other. Filled with case studies on companies such as Hyundai, Starbucks, Roche, and Intel, this guide delivers proven ways to create value and leverage uncertainty. It is the culmination of a decade of research and interaction with dozens of companies and growth leaders who prove that pursuing a market driven strategy to navigating uncertainty will gain measurable market advantage.