Social Science in Law

Author: John Monahan
Publisher: Foundation Press
ISBN: 9781599416694
Format: PDF
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The seventh edition is a completely revised and up-to-date treatment of the use of research and testimony from all the social sciences in American courts. This new edition includes:Thorough incorporation of Daubert v. Merrill Dow Pharmaceuticals, Inc., the Supreme Court s landmark decision on scientific evidence, in all areas of expert testimonyIn-depth discussion of the growing use of web-based survey methods to establish consumer confusion in trademark casesDetailed treatment of statistical sampling and the use of general social science "frameworks" to determine damages in mass tortsThe latest research on how judges backgrounds affect their decisions, and how these "New Legal Realism" studies fared at the confirmation hearings of Chief Justice Roberts and Justice Sotomayor

Legal Origins and the Efficiency Dilemma

Author: Nuno Garoupa
Publisher: Taylor & Francis
ISBN: 1315311208
Format: PDF
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Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner’s 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.

Cases and Materials on Torts

Author: Richard Allen Epstein
Publisher: Aspen Publishers
Format: PDF, ePub, Mobi
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This casebook best integrates modern scholarship and historical background with Richard Epstein's CASES AND MATERIALS ON TORTS. Scrupulously revised and updated, this notable casebook continues to provide an exceptionally strong exploration of tort law in this streamlined Seventh Edition. When you examine the book, you'll discover the exceptional quality and clarity longtime users expect from Epstein: an engaging presentation and provocative viewpoint that fuel class discussion. a traditional approach that begins with intentional torts and integrates cases with modern scholarship on moral theory, law and economics, and salient policy questions. an outstanding case selection that blends the classic and the current to best illuminate doctrine. a thoughtful examination that considers the processes of legal method, legal reasoning, and the impact of legal rules on social institutions. a historical background that traces the development of tort law to the present day and exposes students to different intellectual approaches employed to interpret tort law. Changes to CASES AND MATERIALS ON TORTS for this edition include: new cases that demonstrate specific points of law chapters on Products Liability and Defamation revised for increased accessibility new coverage of Scientific Proof in tort law a reorganized chapter on Joint and Several Liability that responds to user feedback