Author: Omri Ben-Shahar
Publisher: Princeton University Press
Release Date: 2014-04-20
Perhaps no kind of regulation is more common or less useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.
Perhaps no kind of regulation is more common or less useful than mandated disclosure--requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.
Author: Carl Schneider
Publisher: Oxford University Press on Demand
Release Date: 1998
"Exploring what patients do want gives direction to the author's inquiry into what they should want. What patients want, he believes, is properly more complex and ambiguous than being "empowered." In this book he charts that ambiguity to take the autonomy principle past current pieties into the uncertain realities of the sick room and the hospital ward." "The Practice of Autonomy is a sympathetic but trenchant study of the animating principle of modern bioethics. It speaks with freshness, insight, and even passion to bioethicists and moral philosophers (about their theories), to lawyers (about their methods), to medical sociologists (about their subject), to policy-makers (about their ambitions), to doctors (about their work), and to patients (about their lives)."--BOOK JACKET.
Author: Margaret Jane Radin
Publisher: Princeton University Press
Release Date: 2013
"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University "This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago "This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law "When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School "This beautifully written and persuasively argued book tackles an immensely important and timely topic: the increasing use of boilerplate or standard form contracts in the provision of goods and services. It will receive much attention for its diagnosis of problems that boilerplate contracts present and for its imaginative canvassing of possible legal and regulatory responses."--Michael Trebilcock, University of Toronto Faculty of Law "Radin critiques the mass phenomenon of boilerplate, or nonnegotiable contract terms, of which consumers are unlikely to be aware. The book introduces and elegantly combines several theoretical challenges in this area and will be an important intervention in the debate."--Aditi Bagchi, Fordham University School of Law
Author: Jeremy Waldron
Publisher: Yale University Press
Release Date: 2012-05-29
Genre: Political Science
Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.
Author: Antonios Emmanouil Kouroutakis
Publisher: Taylor & Francis
Release Date: 2016-10-04
In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.
Author: Archon Fung
Publisher: Cambridge University Press
Release Date: 2007-03-05
Genre: Political Science
Governments in recent decades have employed public disclosure strategies to reduce risks, improve public and private goods and services, and reduce injustice. In the United States, these targeted transparency policies include financial securities disclosures, nutritional labels, school report cards, automobile rollover rankings, and sexual offender registries. They constitute a light-handed approach to governance that empowers citizens. However, as Full Disclosure shows these policies are frequently ineffective or counterproductive. Based on a comparative analysis of eighteen major policies, the authors suggest that transparency policies often produce information that is incomplete, incomprehensible, or irrelevant to the consumers, investors, workers, and community residents who could benefit from them. Sometimes transparency fails because those who are threatened by it form political coalitions to limit or distort information. To be successful, transparency policies must place the needs of ordinary citizens at centre stage and produce information that informs their everyday choices.
Author: Adrian Vermeule
Publisher: Harvard University Press
Release Date: 2016-11-14
Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Author: Christina Hoff Sommers
Publisher: Simon and Schuster
Release Date: 2013-08-20
Genre: Social Science
An updated and revised edition of the controversial classic—now more relevant than ever—argues that boys are the ones languishing socially and academically, resulting in staggering social and economic costs. Girls and women were once second-class citizens in the nation’s schools. Americans responded w ith concerted efforts to give girls and women the attention and assistance that was long overdue. Now, after two major waves of feminism and decades of policy reform, women have made massive strides in education. Today they outperform men in nearly every measure of social, academic, and vocational well-being. Christina Hoff Sommers contends that it’s time to take a hard look at present-day realities and recognize that boys need help. Called “provocative and controversial . . . impassioned and articulate” (The Christian Science Monitor), this edition of The War Against Boys offers a new preface and six radically revised chapters, plus updates on the current status of boys throughout the book. Sommers argues that the problem of male underachievement is persistent and worsening. Among the new topics Sommers tackles: how the war against boys is harming our economic future, and how boy-averse trends such as the decline of recess and zero-tolerance disciplinary policies have turned our schools into hostile environments for boys. As our schools become more feelings-centered, risk-averse, competition-free, and sedentary, they move further and further from the characteristic needs of boys. She offers realistic, achievable solutions to these problems that include boy-friendly pedagogy, character and vocational education, and the choice of single-sex classrooms. The War Against Boys is an incisive, rigorous, and heartfelt argument in favor of recognizing and confronting a new reality: boys are languishing in education and the price of continued neglect is economically and socially prohibitive.
Author: John Dickinson
Publisher: The Lawbook Exchange, Ltd.
Release Date: 1927
Dickinson [1894-1952] examines the relationship between administrative tribunals and the courts, and problems that arise from the judicial review of administrative determinations. Dickinson is especially concerned with factors that determine the scope and purposes of a review. His study is notable in part because it offers a near-contemporary assessment of the Hepburn amendments to the Interstate Commerce Act (1906) and other changes enacted in the early 1900s.
Author: Randy J. Kozel
Publisher: Cambridge University Press
Release Date: 2017-06-06
In this timely book, Randy J. Kozel develops a theory of precedent designed to enhance the stability and impersonality of constitutional law. Kozel contends that the prevailing approach to precedent in American law is undermined by principled disagreements among judges over the proper means and ends of constitutional interpretation. The structure and composition of the doctrine all but guarantee that conclusions about the durability of precedent will track individual views about whether decisions are right or wrong, and whether mistakes are harmful or benign. This is a serious challenge, but it also reveals a path toward maintaining legal continuity even as judges come and go. Kozel's account of precedent should be read by anyone interested in the nature of the judicial role and the trajectory of constitutional law.
Author: Chris Hadfield
Publisher: Pan Macmillan
Release Date: 2013-10-29
Genre: Biography & Autobiography
Colonel Chris Hadfield has spent decades training as an astronaut and has logged nearly 4,000 hours in space. During this time he has broken into a Space Station with a Swiss army knife, disposed of a live snake while piloting a plane, been temporarily blinded while clinging to the exterior of an orbiting spacecraft, and become a YouTube sensation with his performance of David Bowie's 'Space Oddity' in space. The secret to Chris Hadfield's success - and survival - is an unconventional philosophy he learned at NASA: prepare for the worst - and enjoy every moment of it. In his book, An Astronaut's Guide to Life on Earth, Chris Hadfield takes readers deep into his years of training and space exploration to show how to make the impossible possible. Through eye-opening, entertaining stories filled with the adrenaline of launch, the mesmerizing wonder of spacewalks and the measured, calm responses mandated by crises, he explains how conventional wisdom can get in the way of achievement - and happiness. His own extraordinary education in space has taught him some counterintuitive lessons: don't visualize success, do care what others think, and always sweat the small stuff. You might never be able to build a robot, pilot a spacecraft, make a music video or perform basic surgery in zero gravity like Colonel Hadfield. But his vivid and refreshing insights in this book will teach you how to think like an astronaut, and will change, completely, the way you view life on Earth - especially your own.
Author: Patrick Macklem
Publisher: Oxford University Press
Release Date: 2015-08-20
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field.
Author: Douglas Edwards
Publisher: Houghton Mifflin Harcourt
Release Date: 2011
Genre: Business & Economics
An early Google director of marketing and brand management discusses the pioneering work of partners Larry Page and Sergey Brin, the evolution of the company's non-hierarchical structure, and the competitive environment through which ideas are developed and implemented.