Showing papers on "Common law published in 1992"

Professional Construction of Law: The Inflated Threat of Wrongful Discharge

Abstract: Institutional theories of organizational behavior consistently implicate the professions in explaining the diffusion of new organizational practices, yet there has been little empirical study of precisely what role the professions play. We address that issue by exploring the role of the personnel and legal professions in shaping employers' understandings of law and the threat posed by law. We focus on the implied contract theory of wrongful discharge,a recent common law development that allows employees - under a limited set of circumstances - to sue their employers when they are fired without good cause. We first present an analysis of the actual risk posed by the implied contract theory, based on a survey of published cases in six states. Then, by analyzing articles in professional personnel and Jaw journals, we reveal a striking disparity between the actual threat posed by implied contract theory and the threat as constructed by personnel and legal professionals. Our findings support the argument that the professions play an important role in the diffusion of organizational practices and suggest that the professions' constructions of the environment may critically affect how employers respond to environmental threats.

The philosophical origins of modern contract doctrine

Abstract: The common law of England and the United States and the civil law of continental Europe have a similar doctrinal structure, a structure not found in the English cases or Roman legal texts from which they supposedly descend. In this original and unorthodox study of common law and legal philosophy the author throws light on the historical origins of this confusion and in doing so attempts to find answers to many of the philosophical puzzles which contract lawyers face today. Reassessing the impact of modern philosophy upon contract law, the author concludes that modern philosophy having failed to provide a new basis for a coherent doctrinal system in the law of contract, the only hope for devising such a coherent system lies in rediscovering the neglected philosophy of Aristotle and Aquinas.

Forbidden Grounds: The Case Against Employment Discrimination Laws

Abstract: This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws.He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major

Comparative Criminal Justice Systems

Abstract: PART I: SETTING THE STAGE. 1. Introduction. Defining Terms. The Origins and Growth of Comparative Criminal Justice. Why Compare Systems of and Issues in Criminal Justice? The Historical-Political Approach. Model Systems. Basic Values in the Criminal Justice System. Political Culture versus Politicized Justice. The Plan of This Book. Summary. Comparative CJ at the Movies: "Hotel Rwanda" (2005). Critical Thinking Exercise: Honor Killing. Discussion Questions. For Further Reading. Web Pages for Chapter. 2. Measuring and Comparing Crime in and Across Nations. Why Measure Crime and Compare Crime Data? The Historical Background of International Crime Data. The Different Kinds of Crime Data. Limitations of International Crime Data. How to Compare International Crime Data. International Crime Rates. The Exception: Countries with Low Crime. How Does the United States Measure Up? Summary. Comparative CJ at the Movies: "Taken" (2008). Critical Thinking Exercise: Wales Has the Third Highest Rate of Violence? Discussion Questions and Exercises. For Further Reading. Web Pages for Chapter. 3. Families of Law. Ancient and Lesser-Employed Legal Traditions. Clarifying Terms. The Civil Law. The Common Law. The Socialist Law. The Sacred Law. Summary. Comparative CJ at the Movies: "Slumdog Millionaire" (2008). Critical Thinking Exercise: Equal in China? Discussion Questions. For Further Reading. Web Pages for Chapter. 4. Six Model Nations. Key Terms and Concepts. England. Overview. Historical Developments. Crime. Criminal Law. The Criminal Justice System. Comparisons with the United States. France. Overview. Historical Developments. Crime. Criminal Law. The Criminal Justice System. Comparisons with the United States. Germany. Overview. Historical Developments. Crime. Criminal Law. The Criminal Justice System. Comparisons with the United States. China. Overview. Historical Developments. Crime. Criminal Law. The Criminal Justice System. Comparisons with the United States. Japan. Overview. Historical Developments. Crime. Criminal Law. The Criminal Justice System. Comparisons with the United States. Saudi Arabia. Overview. Historical Developments. Crime. Criminal Law. The Criminal Justice System. Comparisons with the United States. Summary. Comparative CJ at the Movies: "Crash" (2006). Critical Thinking Exercise: Oil Industry Faces Trial on Rights Abuses. Discussion Questions. For Further Reading. Relevant Web Pages. Part II: CRIMINAL JUSTICE PROCESSES. 5. Law Enforcement: Functions, Organization, and Community Involvement. Key Terms and Concepts. Functions of Police. Deviance Control. Civil Order Control. The Functional Organization of Police Forces. Comparing the Different Styles of Policing. Policing Styles. Community Policing. Zero Tolerance Policing. Proactive Policing. Peace Operations and Peacekeeping. Policing in the Model Countries. England. France. Germany. China. Japan. Saudi Arabia. Community Policing in the Model Countries. International Police Cooperation. Barriers to Cooperation. Changing Role of Police. Summary. Comparative CJ at the Movies: "Rendition" (2007). Critical Thinking Exercise: Police Policy of Pay-for-sex Services is Challenged. Discussion Questions and Exercises. For Further Reading. Relevant Web Pages. 6. Criminal Procedure. Key Terms and Concepts. The Adversarial System. Common Law Criminal Procedure. The Right to Counsel. The Right to Remain Silent. The Right to Trial by Jury. The Right to Bail. The Differences in Criminal Procedure Rules in Common Law Countries. The Inquisitorial System. Civil Law Criminal Procedure. The Investigation. The Right to Counsel. The Right to Remain Silent. The Trial. Similarities and Differences Between the French, German, and American Systems. The Mixed Court. Socialist Criminal Procedure. Pretrial Investigation, Arrest, and Detention. The Right to Counsel. The Trial Process and Judicial Fairness. Distinctive Aspects of Socialist Law Procedure. Japan: The Hybrid Situation. Sacred (Islamic) Criminal Procedure. The Convergence of Systems. Constitutional Review. Constitutional Review in Model Countries. Beyond Constitutional Review: Supranational Courts of Human Rights. Summary. Comparative CJ at the Movies: "Lord of War" (2005). Critical Thinking Exercise: Suspects Shot "Casing Videos". Discussion Questions and Activities. For Further Reading. Relevant Web Pages. 7. Courts and Adjudication. Key Terms and Concepts. The Legal Profession. Key Issues in the Legal Profession. The Concept of a Court. The Development of Courts in Western Nations. The Study of Courts. Courts and the Legal Profession in England. Courts and the Legal Profession in France. Courts and the Legal Profession in Germany. Courts and the Legal Profession in China. Courts and the Legal Profession in Japan. Courts and the Legal Profession in Saudi Arabia. Supranational Courts. Supranational Courts Today. The Development of the ECHR. International Court of Justice. Dealing with International Criminals: The ICTY, ICTR, and ICC. International Criminal Court. The Legal Jurisdiction of Supranational Courts. Future Developments in Supranational Courts. Summary. Comparative CJ at the Movies: "Last King of Scotland" (2006). Critical Thinking Exercise: Questions about South Korea's Constitutional Court. Discussion Questions and Exercises. For Further Reading. Relevant Web Pages. 8. After Conviction: The Sentencing Process. Key Terms and Concepts. The Purposes of Criminal Sanctions. Sentencing Practices. Corporal Punishment. Noncustodial Sanctions. Monetary Sanctions. Fines. Day Fines. Confiscation and Forfeiture. Restitution and Community Service. Community Supervision. Probation. House Arrest. Electronic Monitoring. Exile. Warnings. Other punishments. Imprisonment. International Prison Data. Limits of International Prison Data. Commitment to Mental Hospitals. The Death Penalty. Public Opinion and Sentencing. Summary. Comparative CJ at the Movies: "Traffic" (2001). Critical Thinking Exercise: A Possible Move from the Adversarial to the Inquisitorial Legal System? Discussion Questions and Exercises. For Further Reading. Relevant Web Pages. 9. Penal Policy and Prison Systems. Key Terms and Concepts. The Evolution of Prison Systems. Penal Policy in the Model Nations. England and Wales. France. Germany. China. Japan. Saudi Arabia. Prison Crowding. Prison Crowding Data. Effects of Prison Crowding. Solutions to Prison Crowding. Rights of Prisoners. Treatment of Offenders in the Custody of the United States. Summary. Comparative CJ at the Movies: "Return to Paradise" (1998). Critical Thinking Exercise: The global shift against the death penalty. Discussion Questions. For Further Reading. Relevant Web Pages. PART III: MODERN DILEMMAS IN INTERNATIONAL CRIMINAL JUSTICE. 10. Terrorism. Key Terms and Concepts. The Historical Background of Terrorism. Defining Terrorism. The Goals of Terrorism. The Prevalence of Terrorism. Terrorist Groups. Northern Ireland. Palestine. Al-Qaida. Terrorism in the Model Nations. Responses to International Terrorism. Foreign Policy. International Cooperation Strategies. Military and Police Detection and Apprehension Strategies. Adjudication. The Future of Terrorism. Summary. Comparative CJ at the Movies: "Syriana" (2005). Critical Thinking Exercise: Fighting Terrorism through Anti-Drug Investigations? Discussion Questions. For Further Reading. Relevant Web Pages. 11. Transnational Organized Crime and Corruption. Key Terms and Concepts. What is Organized Crime? The Scope of the Organized Crime Problem Worldwide. The Organized Crime Situation in Selected World Regions. Europe. Central Asia. Other World Regions. Corruption. Responses to Organized Crime. Summary. Comparative CJ at the Movies: "Blood Diamond" (2006). Critical Thinking Exercise: International Money Laundering Scheme. Discussion Questions. For Further Reading. Relevant Web Pages. 12. Juvenile Justice in International Perspective. Key Terms and Concepts. What is Delinquency? Measuring Delinquency. Adjudicating Juveniles. The United Nations and Juvenile Justice. Correcting Juveniles: Punishment versus Rehabilitation. Delinquency Prevention Approaches. Juvenile Justice in Model Countries. England. France. Germany. Japan. China. Saudi Arabia. Future of Juvenile Justice. Summary. Comparative CJ at the Movies: "Midnight Express" (1978). Critical Thinking Exercise: United Nations Urged to End Executions of Juvenile Offenders. Discussion Questions. Relevant Web Pages. For Further Reading.

The Politics of Jurisprudence: A Critical Introduction to Legal Philosophy

Abstract: 1. Legal philosophy in context 2. The theory of common law 3. Sovereign and subject: Bentham and Austin 4. Analytical jurisprudence and liberal democracy: Hart and Kelson 5. The appeal of natural law 6. The problem of the creative judge: Pound and Dworkin 7. Scepticism and realism 8. A jursiprudence of difference: class, gender and race 9. The deconstruction and reconstruction of law Index

An Historical Introduction to Private Law

Abstract: In this book one of the world's foremost legal historians attempts to explain what produced the private law of the western world as we know it today. Professor van Caenegem pays particular attention to the origins of the common law - civil law dichotomy, and how it arose that England and the continent of Europe, although sharing the same civilisation and values, live under two different legal systems. The chronological coverage extends from the Germanic invasion in the early Middle Ages to the present day, incorporating analysis of the medieval Roman and canon law (both products of the law schools), and that of the School of Natural Law which inspired the great national codifications of the modern age. Professor van Caenegem evaluates the role of the lawgivers - emperors, kings and parliaments - and that of the judges, particularly, of course, in the lands of the English common law. He deals with the great phases of legal development and the main bodies of doctrine and legislation (rather than offer an analysis of the legal norms themselves); with substantive private law - family and status, property, contract, inheritance, trade - and with the organisation of the courts and the forms of process. An Historical Introduction to Private Law is based on both an extensive secondary literature in several languages, and on evidence accumulated by Professor van Caenegem over the past forty years.

Copyright and the Invention of Tradition

Abstract: THE FIRST EVER COPYRIGHT ACT was passed in England on April 4th, 1710. It set copyright terms of 21 years for old books, and 14 years for new works (with the possibility of an additional 14 years if the author survived the initial term). I However, the London booksellers, who had originally petitioned for the Act, ignored its statutory limits, and claimed instead that intellectual property, like real property, was recognized at common law and was therefore a right held in perpetuity. Their claim did not go unchallenged: provincial booksellers, eager to publish their own editions of canonical works, repeatedly confronted the London monopoly on the notion of perpetual copyright, both in the courts and in scores of tracts and pamphlets. The ensuing literary property debate, as it then came to be known, was not resolved until February 22nd, 1774, when, in the historic case of Donaldson v. Becket, the House of Lords rejected the arguments for perpetual copyright and upheld the statutory limits set out in the Act of 1710. The debate was a momentous one, and it drew the attention of almost every prominent author of the century, from Defoe, Swift, and Addison, to Johnson, Boswell, Hume, Goldsmith, and Wordsworth. As one contemporary account put it, "No private cause has so much engrossed the attention of the public, and none has been tried before the House of Lords, in the decision of which so many individuals were interested."2

Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism

Abstract: This work suggests that American constitutionalism is the product of a combination of two opposing schools of thought: the English common-law tradition as exemplified by the work of Edward Coke and early liberal political philosophy as seen in the work of Thomas Hobbes. Stoner addresses the question of what we expect of judges in a political system that rests on popular sovereignty and a legal order committed to the idea of fundamental law.

Pressure through law

Abstract: Group litigation has been recognised by political scientists in the States as a useful method of gaining ground and attracting publicity for pressure groups since the turn of the century. In Britain however, recognition that the courts fill such a role has come more slowly. Despite this lack of recognition, pressure through law is far from a modern phenomenon. As the authors show, such cases can be identified in Britain as early as 1749 when abolitionists used the court to test conflicting views of slavery in common law. This book looks at the extent to which pressure groups in Britain use litigation, presenting a view of the courts as a target for campaigners and a vehicle for campaigning. It begins with a description of the tradition of pressure through law in Britain, tracing the development of a parallel tradition in the United States, which has been influential in shaping current British attitudes. The authors analyse the significance of the political environment in Britain in test-case strategy. In contrast with America, Britain has no written constitution and no Bill of Rights and its lack of Freedom of Information legislation makes both litigation and the monitoring of its effects very difficult. However, the centralised character of the British government means that the effects of lobbying are rather more visible in the corridors of power. The authors examine a large number of case studies in order to analyse current practice, and they look at the rapidly changing European and international scene, discussing transnational law, the European community and the Council of Europe. They also look at the campaign tactics of global organisations such as Amnesty and Greenpeace. Carol Harlow and Richard Rawlings are experienced in public law and familiar with political science literature. They are therefore able to relate legal systems to the political process, in a book designed to be accessible and important to lawyers, to political scientists and to lobby group activists.

The Maori Magna Carta: New Zealand Law and the Treaty of Waitangi

Abstract: This account of the law surrounding the Treaty of Waitangi not only considers the constitutional nature of the relationship between Maori and Parliament, but also describes the legislative activities of the New Zealand Parliament regarding Maori, the role of the Waitangi Tribunal, and the laws affecting Maori land tenure. It addresses basic issues of constitutional law and theory including the legal aspects of the Crown's colonization of New Zealand, progressing to consider issues of contemporary relevance, such as common law aboriginal title, the developing rules of international law and the legal doctrine of the Crown's fiduciary duty.

Natural Resource Damages: Law and Economics

Abstract: LAW. Public Trust and Parens Patriae Doctrines. Common Law Claims. Federal Water Pollution Control Act. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Oil Pollution Act of 1990. ECONOMICS. The Context for Valuation. CERCLA Regulatory Framework. Markets and Concepts of Value. Externalities and Public Goods. Revealed Preference Valuation Methods. The Contingent Valuation Method. Contingent Valuation: Issues and Applications. CASE STUDIES. Overview of Case Studies. Eagle Mine and Idarado. Idaho v. Southern Refrigerated. Russian River Basin Formaldehyde Release. Validating a Type A Assessment Model. Economics of Ecological Restoration. Nestucca Oil Spill. Natural Resource Damages for Oil Spills in California. Exxon Valdez--Lost Recreation Use. Kakadu Conservation Zone. Table of Cases. Index.

European expansion and law : the encounter of European and indigenous law in 19th- and 20th-century Africa and Asia

Abstract: The law market - the legal encounter in British East and Centra Africa, M. Chanook the development of the dual legal system in former Belgian Central Africa, F. Reyntjens jurisdiction as politics - the Gold Coast during the Colonial period, J. Simensen legal developments in the Maghrib, 1830-1930, J.-L. Miege the impact of European law on the Ottoman Empire and Turkey, E. Orucu European law and tradition in Japan during the Meiji era, 1868-1912, E. Seizelet the treaty system and European law in China, P.H. Ch'en colonial dilemma - Van Vollenhoven and the struggle between Adat law and Western law in Indonesia, C. Fasseur the Indian and British law machines - remarks on law and society in British India, D.H.A Kolff the "popularity" of the imperial courts of law - three views of the Anglo-Indian legal encounter, P. Price wives, widows and workers - women and the law in the Anglo-Indian legal ecounter, D. Engels symbiosis of indigenous and Western law in Africa and Asia - an essay in legal pluralism, F. von Benda-Beckmann law as a means and law an an end - some remarks on the function of the European and non-European law in the process of European expansion, J. Fisch.

Optimal Contracting and Insider Trading Restrictions

Abstract: Restrictions on trading by insider agents are analyzed using an optimal contracting framework. Prohibition of insider trading is shown to be Pareto preferred if, and only if, a revelation or moral hazard problem exists. If prohibition of insider trading is valuable, then trade registration with a delay is shown to be as valuable as complete prohibition. Short selling restrictions, however, are generally of less value than complete prohibition. Finally, regulation of insider agent trading by governmental institutions and/or professional associations is discussed. LEGISLATORS, MARKET PARTICIPANTS, AND scholars in both law and economics have grappled with the issue of what classes of insiders, if any, should face security trading restrictions. This paper analyzes the value of prohibiting trading by one class of insiders.' In addition, the value of other types of trading restrictions are compared with a trading prohibition. Finally, the roles of professional associations and government institutions are considered. The specific class of insiders considered are individuals who obtain inside information about a particular firm as a result of providing some service to the firm in question. This class of insiders, who will be called agents, include the firm's employees, external accountants, investment bankers, attorneys, and even major suppliers. In reality, agents are subject to a number of restrictions on their securities trading activity. Some of these restrictions originate in the public sector. For instance, a firm's directors and officers are required to report trading activity, are not allowed to retain short swing profits (any profits earned by buying and selling over a six-month period), and are restricted from making short sales by the Securities and Exchange Act of 1934. Common law rules also apply to these insiders.2 Under common

Restatement of the Law Third: The Foreign Relations Law of the United States. Vols. 1 and 2. St. Paul, MN: American Law Institute Publishers, 1987. Vol. 1: pp. xxviii, 641; vol. 2: pp. xxiv, 561. Index. $150.

Abstract: c. Private international law (or conflict of laws). International law, which in most other countries is referred to as \"public international law,\" is often distinguished from private international law (called conflict of laws in the United States). Private international law has been defined as law directed to resolving controversies between private persons, natural as well as juridical, primarily in domestic litigation, arising out of situations having a significant relationship to more than one state. See Restatement, Second, Conflict of Laws § 2.

Tradition of the law and law of the tradition: Law, state and social control in China

Abstract: Foreword by Marvin Wolfgang Preface Editorial Notes on Pinyin Transliteration Abbreviations Introduction: Law, State, and Social Control in China: Marxism or Confucianism? Tradition of the Law The Chinese Legal Tradition: Law and Morality The Rules of Punishment Law of the Tradition Political Power and Judicial Independence: Marxist Ideology, the Communist Party, and the Role of Law The Class Division and Equal Rights before the Law Punishing for Thought: Counterrevolutionary Crime in Chinese Law The Principle of Voluntariness in Chinese Law and Morality Conclusion: Chinese Law under a Socialist Mantle Appendix: Chronology of Chinese History Bibliography Index

Procedural Innovation and Institutional Change in Medieval English Manorial Courts

Abstract: In England during the twelfth, thirteenth, and fourteenth centuries, the royal courts cast a longer and longer shadow over private and local jurisdictions. By a series of steps embracing much innovation, the custom of the king's court gradually became the common law of England, and the royal courts asserted their supremacy over other jurisdictions in many areas. Foremost among these were disputes over freehold land and cases involving felonies. It has been suggested that the royal innovations’ jurisdictional effects on private courts were “neither intended nor foreseen.” Nonetheless, they reduced private jurisdictions—with the exception of the palatinates—to constitutional insignificance during the thirteenth century. Occasional baronial objections, such as that enshrined in clause thirty-four of Magna Carta or the bluff waving of a rusty sword at a quo warranto inquest do not disguise this basic fact of English legal and constitutional history.

Law and people in colonial America

Abstract: How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? Did the special issue of gender play a significant role? Why did the early Americans develop a passion for litigation that continues to this day? In 'Law and People in Colonial America' Peter Charles Hoffer tells the story of early American law from its beginnings in the British mainland to its maturation in the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was 'their' law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutionaries labored to explain how their rebellion could be lawful, while legislators wrote republican constitutions that would endure for centuries. Today the role of law in American life is more pervasive than ever. And because our system of law involves a continuing dialogue between past and present interpreting the meaning of precedent and of past legislation the study of legal history is a vital part of every citizen's basic education. 'Law and People in Colonial America' provides an essential, rigorous, and lively introduction to the beginnings of American law. Peter Charles Hoffer is professor of history at the University of Georgia. His previous books include 'The Law's Conscience', 'Impeachment in America', 'Revolution and Regeneration', and 'Murdering Mothers: Infanticide in England and New England, 1558-1803.'

The Making of the Common Law

Abstract: England was unique among the medieval kingdoms of Western Europe. In addition to developing a system of national courts with an extensive original jurisdiction and run on quasi-bureaucratic lines by royal justices, it also gave birth to a single national customary law which was applicable throughout the country. This was partly the product of judicial decisions made by the royal courts and partly the product of legislation. The great formative period of the Commom Law began during the reign of King Henry II but continued through to the early fourteenth century. Paul Brand possesses an unrivalled knowledge of the published and unpublished sources for this critical period. The Making of the Common Law brings together his essays, some previously unpublished, on this period. The essays on the making of the English legal system (which complement his book on The Origins of the English Legal Profession) include an important essay on 'Henry II and the Creation of the English Common Law', and 'Courtroom and Schoolroom: The Education of Lawyers in England prior to 1400', the essay which won the 1988 Donald W. Sutherland Prize of the American Society for Legal History.The devlopment of English law is discussed in a number of essays including a critical introduction to the 'Milsom thesis' on the origins of England land law and 'Lordship and Distraint in Thirteenth-Century England', a major reappraisal of the balance of power between lords and tenants in this period. The Common Law was taken by settler from England to North America and to Australasia. Its earliest venture overseas, however, was to Ireland. The Making of the Common Law includes a number of important essays on the transfer of English law and the creation of a legal system modelled on that of England in the medieval English lordship of Ireland.

Legal Imperialism: Its Enduring Impact on Colonial and Post-Colonial Judicial Systems

Abstract: This article examines the expansion of several major families of law as a concomitant of military conquest, colonial aggrandizement, and/or economic penetration-the attributes of legal imperialism-and some of the long-term consequences of these historical patterns. The families investigated are the Anglo-American common law, Romanistic, Nordic, Germanic, Socialistic, and Islamic. This investigation initiates a comprehensive examination of the enduring influence of legal systems introduced by powerful nations into nations or regions subjected to colonial control or strong economic penetration during the past five centuries. Central to this investigation is a concept which incorporates key unifying elements of law in societal relations, notably families of law. Most modern commen- tators such as David and Brierly refer to the widespread utilization of the two major European families of law as part of a "received" tradition-a designation which suggests willing acceptance of an external legal culture. The historic record of colonial expansion contradicts such benign explanations despite the tendency of most conventional law commentators to treat families of law such as the British common law or continental civil law as objective conflict resolution systems rather than manifestations of the cultural imperialism of powerful colonial nations. The empirical foundation for a detailed time series analysis of the expansion of particular'families of law as a concomitant of military conquest, colonial aggran- dizement, and/or economic penetration is provided for the nineteenth century by the extensive contributions of James Bryce and others, for the twentieth century between World War I and World War II by John Henry Wigmore and others, and for the post-World War II era by Konrad Zweigert and Hein Kotz. The families of law which will be examined chronologically are the three which are considered the most influential in the late twentieth century, and several which either because of their persistence, or previous influence are considered viable families of law currently.

How to Evaluate the Legal Defensibility of High-Stakes Tests.

Abstract: When tests are used for high-stakes decisions, there is a strong possibility that individuals for whom an unfavorable decision is made will bring a legal suit against the developer and/or user of the test. In this article, we address the general issue of how to determine whether a test has been developed in a legally defensible manner. We discuss general legal issues, specific cases that bear on different types of test use, and some evaluative dimensions and evidence of test quality. Existing case law is based on statutory and constitutional requirements. The 1964 and 1991 Civil Rights Acts prohibit discrimination in employment. Both disparate treatment and disparate impact are issues. Most case law is based on disparate impact, which does not require evidence of discriminatory intent. If there is a showing of disparate impact, a test can still be used if it is shown to be job related and professionally developed. The U.S. Constitution's 14th Amendment requires equal treatment and due process. In testing,...

Uncertain Unions: Marriage in England 1660-1753

Abstract: Part 1 Introduction: case studies legal records courtship the making of marriage marriage, property and the Common Law customary unions and concubinage contract marriage - the first suppression 1540-1642, the revival 1642-1660, the second suppression 1660-1753 clandestine marriage - definition and development, demand from the laity, supply by the clergy, repressive legislation and actual growth 1666-1730, reform and abolition 1730-1753. Part 2 Case studies: courtship and contract forced marriage by the parish forced marriage by the seducer or suitor clandestine marriage - a fleet person, a valid clandestine marriage, a forged clandestine marriage, a bigamous marriage.

Law and development

Abstract: Part 1 Law and modernization - the legam imperialism debate: the new development - can American law and legal institutions help developing countries?, Thomas M.Franck toward a social theory of law - an essay on the study of law and development, David Trubek law and development in light of dependency theory, David F.Greenberg law and development or comparative law and social change - the application of old concepts in the commonwealth Caribbean, Bruce Zagaris. Part 2 The debate about the right to development as a human right or state law versus people's law and the development process: in search of the unicorn - the jurisprudence and politics of the right to development, Jack Donnelly conjuring up new human rights - a proposal for quality control, Philip Alston consorting with the chamelion, or realizing the right to development, Paul H.Brietzke the right to development as an emerging human right, Roland Y.Rich from the right to self-development - a crisis in legal theory, Anthony Carty state-managed development - a legal critique and alternative development - a legal prospectus, J.C.N.Paul and C.J.Dias. Part 3 International law and development: private investment in Latin America - renegotiating the bargain, Joseph J.Jova et al the principle of preferential treatment in the law of GATT - toward achieving the objective of an equitable world trading system, Ndiva Kofele-Kale emerging international development law and traditional internationl law - congruence of cleavage, Edward Kwakwa the Third World debt crisis - towards new international standards for contraction of public debt, Anthony Carty liberal economic rhetoric as an obstacle to the democratizing of the world economy, Anthony Carty logic, myth and the international economic order, Daniel K.Tarullo how fair is fair trade?, Phedon Nicolaides.

The common law as central economic planning

Abstract: Central economic planning traditionally has set goals and allocated resources by supplanting the price system with central direction. Planners engaged in industry-by-industry and firm-by-firm decision making, all to achieve predetermined targets. The neoclassical approach to law and economics posits that common law judges engage in a similar activity, in rendering decisions that maximize wealth. A significant feature of this approach is the placement of judges in the position of calculators of comparative values. Neither advocates of central planning nor those of judicial wealth maximizing address or solve the economic calculation problem. The various aspects of that problem hold two implications for common law judges. First, they cannot accomplish the tasks that the neoclassical approach sets out for them. Second, a recognition of the calculation problem leads to a rejection of balancing and the choice of rights-based, bright-line rules that return actual and potential litigants' decisions to the market.

The State, Law and Religion: Pagan Rome

Abstract: This book analyzes the interaction of law and religion in ancient Rome. As such, it offers a major new perspective on the nature and development of Roman law in the early republic and empire before Christianity was recognized and encouraged by Constantine. At the heart of the book is the apparent paradox that Roman private law is remarkably secular even though, until the late second century B.C. the Romans were regarded (and regarded themeselves) as the most religious people in the world. Adding to the paradox was the fact that the interpretation of private law, which dealt with relations between private citizens, lay in the hands of the College of Pontiffs, an advisory body of priests. Alan Watson traces the roots of the paradox - and the way in which Roman law ultimately developed - to the conflict between patricians and plebeians that occurred in the mid-5th century B.C. When the plebeians demanded equality of all citizens before the law, the patricians prepared in response the "Twelve Tables", a law code that included only matters considered appropriate from plebeians. Public law, which dealt with public officials and the governance of the state, was totally excluded from the code, thus preserving gross inequalities between the classes of Roman citizens. Religious law, deemed to be the preserve of patrician priests, was also excluded. As Watson notes, giving a monopoly of legal interpretation to the College of Pontiffs was a shrewd moe to maintain patrician advantages; however, a fundamental consequence was that modes of legal reasoning appropriate for judgments in sacred law were carried over to private law, where they were often less appropriate. Such reasoning, Watson contends, persists even in modern legal system. After sketching the tenets of Roman religion and the content of the "Twelve Tables", Watson proceeds to such matters as formalism in religion and law, religion and property and state religion versus alien religion. In his concluding chapter, he compares the law that emerged after the adoption of the "Twelve Tables" with the law that reportedly existed under the early Roman kings.