Defending Freedom Of Contract
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Defending Freedom Of Contract Constitutional Solutions To Resolve The Political Divide
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Author : Patrick Bohan
language : en
Publisher: Lulu.com
Release Date : 2019-06-13
Defending Freedom Of Contract Constitutional Solutions To Resolve The Political Divide written by Patrick Bohan and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.
The progressive movement that began in the late nineteenth century was a nonviolent coup d tat changing the United States of America from a republic that promoted equal rights for all to a democracy where the majority rules. As a result, moral and social justice was and is used by the federal government to protect the rights of some while mitigating the rights of others. Patrick Bohan, who has studied constitutional law in depth, examines the revolution in detail in this treatise, demonstrating how freedom of contract can be applied to protect the fundamental rights of each citizen equally. The author evaluates hundreds of laws, cases, and examples of justice gone wrong for issues such as slavery, abortion rights, elections, welfare rights, free speech, freedom of religion, civil rights, property rights, contract rights, gay rights, alien rights, and other important topics that polarize Americans.
The State And Freedom Of Contract
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Author :
language : en
Publisher: Stanford University Press
Release Date : 1998-09
The State And Freedom Of Contract written by and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-09 with categories.
The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
The Limits Of Freedom Of Contract
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Author : Michael J. Trebilcock
language : en
Publisher: Harvard University Press
Release Date : 1997-03-25
The Limits Of Freedom Of Contract written by Michael J. Trebilcock and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-03-25 with Law categories.
Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Contract Freedom And Restraint
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Author : Richard A. Epstein
language : en
Publisher: Routledge
Release Date : 2013-10-15
Contract Freedom And Restraint written by Richard A. Epstein and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-15 with Law categories.
First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
The Rise And Fall Of Freedom Of Contract
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Author : P. S. Atiyah
language : en
Publisher: Oxford University Press, USA
Release Date : 1979
The Rise And Fall Of Freedom Of Contract written by P. S. Atiyah and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Language Arts & Disciplines categories.
An Exploration Of The Limits Of Freedom Of Contract
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Author : Michael J. Trebilcock
language : en
Publisher:
Release Date : 1990
An Exploration Of The Limits Of Freedom Of Contract written by Michael J. Trebilcock and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Contracts categories.
The Fall And Rise Of Freedom Of Contract
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Author : F. H. Buckley
language : en
Publisher: Duke University Press
Release Date : 1999-08-27
The Fall And Rise Of Freedom Of Contract written by F. H. Buckley and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-27 with Business & Economics categories.
DIVOriginal essays by prominent legal scholars on the recent intellectual revival of freedom of contract and the value of free bargaining; the essays will be gleaned from a series of conferences organized around areas where bargaining rights might be expande/div
The Limits Of Freedom Of Contract
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Author : M. J. Trebilcock
language : en
Publisher:
Release Date : 1988
The Limits Of Freedom Of Contract written by M. J. Trebilcock and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Contracts categories.
One Nation Under Surveillance
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Author : Simon Chesterman
language : en
Publisher: Oxford University Press
Release Date : 2011-02-24
One Nation Under Surveillance written by Simon Chesterman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-24 with Business & Economics categories.
What limits, if any, should be placed on a government's efforts to spy on its own citizens in the interests of national security? By reframing the relationship between privacy and security One Nation Under Surveillance offers a framework to defend freedom without sacrificing liberty.
Copyright Limitations And Contracts An Analysis Of The Contractual Overridability Of Limitations On Copyright
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Author : Lucie Guibault
language : en
Publisher: Springer
Release Date : 2002-02-19
Copyright Limitations And Contracts An Analysis Of The Contractual Overridability Of Limitations On Copyright written by Lucie Guibault and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-19 with Law categories.
This book explores this conflict, focusing on statutory copyright limitations that enshrine constitutional rights such as freedom of expression and privacy, foster dissemination of knowledge, safeguard competition, and protect authors from market failure. It explains the rationale for these limitations and questions the legality of overriding them by contractual means. The author finds a complex array of factors clouding the emergence of coherent rules in the matter and points out that the United States' Uniform Computer Information Transactions Act (UCITA) leaves this issue essentially unresolved. Among the author's insights is that, contrary to the commonly held notion that the Internet is a bastion of free speech, in fact it is now possible (via encryption technology) to exercise absolute control over copyrighted material, even under circumstances of global mass distribution.