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Reconstructing Contracts

Author: Douglas G. Baird

Publisher: Harvard University Press

Published: 2013-04-01

Total Pages: 183

ISBN-13: 0674073568

Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law, showing that Oliver Wendell Holmes’s set of principles, properly understood, continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

Reconstructing Contracts

Author: Douglas G. Baird

Publisher: Harvard University Press

Published: 2013-04-30

Total Pages: 171

ISBN-13: 0674073584

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Every legal system must decide how to distinguish between agreements that are enforceable and those that are not. Formal bargains in the marketplace and casual promises in a social setting mark the two extremes, but many hard cases lie between. When gaps are left in a contract, how should courts fill them? What does it mean to say that an agreement is legally enforceable? If someone breaks a legally enforceable contract, what consequences follow? For 150 years, legal scholars have debated whether a set of coherent principles provide answers to such basic questions. Oliver Wendell Holmes put forward the affirmative case, arguing that bargained-for consideration, expectation damages, and a handful of related ideas captured the essence of contract law. The work of the next several generations, culminating in Grant Gilmore’s The Death of Contract in 1974, took a contrary view. The coherence Holmes had tried to bring to the field was illusory. It was more sensible to see contracts as merely a species of civil obligation and resist the temptation to impose rigid and artificial rules. In Reconstructing Contracts, Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law. He shows that Holmes’s principles are fundamentally sound. Even if they lack that talismanic quality formerly ascribed to them, properly understood they continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.

Legal Tech, Smart Contracts and Blockchain

Author: Marcelo Corrales

Publisher: Springer

Published: 2019-02-07

Total Pages: 276

ISBN-13: 9811360863

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There is a broad consensus amongst law firms and in-house legal departments that next generation “Legal Tech” – particularly in the form of Blockchain-based technologies and Smart Contracts – will have a profound impact on the future operations of all legal service providers. Legal Tech startups are already revolutionizing the legal industry by increasing the speed and efficiency of traditional legal services or replacing them altogether with new technologies. This on-going process of disruption within the legal profession offers significant opportunities for all business. However, it also poses a number of challenges for practitioners, trade associations, technology vendors, and regulators who often struggle to keep up with the technologies, resulting in a widening regulatory “gap.” Many uncertainties remain regarding the scope, direction, and effects of these new technologies and their integration with existing practices and legacy systems. Adding to the challenges is the growing need for easy-to-use contracting solutions, on the one hand, and for protecting the users of such solutions, on the other. To respond to the challenges and to provide better legal communications, systems, and services Legal Tech scholars and practitioners have found allies in the emerging field of Legal Design. This collection brings together leading scholars and practitioners working on these issues from diverse jurisdictions. The aim is to introduce Blockchain and Smart Contract technologies, and to examine their on-going impact on the legal profession, business and regulators.

Reconstructing Iraq's Budgetary Institutions

Author: James D. Savage

Publisher: Cambridge University Press

Published: 2013

Total Pages: 305

ISBN-13: 1107039479

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Consistent with the literature on state building, failed states, peacekeeping and foreign assistance, this book argues that budgeting is a core state activity necessary for the operation of a functional government. Employing a historical institutionalist approach, this book first explores the Ottoman, British and Ba'athist origins of Iraq's budgetary institutions. The book next examines American pre-war planning, the Coalition Provisional Authority's rule-making and budgeting following the invasion of Iraq in 2003, and the mixed success of the Coalition's capacity-building programs initiated throughout the occupation. This book sheds light on the problem of 'outsiders' building states, contributes to a more comprehensive evaluation of the Coalition in Iraq, addresses the question of why Iraqis took ownership of some Coalition-generated institutions, and helps explain the nature of institutional change.

Liberalizing Contracts

Author: Anat Rosenberg

Publisher: Routledge

Published: 2017-07-20

Total Pages: 429

ISBN-13: 1317410491

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In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the relations and human practices at which it gestured, most basically that of promise, most broadly the capitalist market order. She does so by placing canonical realist novels in conversation with legal-historical knowledge about Victorian contracts. Rosenberg argues that current understandings of the liberal effort in contracts need reconstructing from both ends of Henry Maine's famed aphorism, which described a historical progress "from status to contract." On the side of contract, historical accounts of its liberal content have been oscillating between atomism and social-collective approaches, missing out on forms of relationality in Victorian liberal conceptualizations of contracts which the book establishes in their complexity, richness, and wavering appeal. On the side of status, the expectation of a move "from status" has led to a split along the liberal/radical fault line among those assessing liberalism's historical commitment to promote mobility and equality. The split misses out on the possibility that liberalism functioned as a historical reinterpretation of statuses – particularly gender and class – rather than either an effort of their elimination or preservation. As Rosenberg shows, that reinterpretation effectively secured, yet also altered, gender and class hierarchies. There is no teleology to such an account.

Reconstructing Post-Saddam Iraq

Author: Sultan Barakat

Publisher: Routledge

Published: 2007-08-16

Total Pages: 308

ISBN-13: 1136763716

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Previously published as a special issue of Third World Quarterly, this volume seeks to analyze to what extent the controversial US policy of democratizing the Middle East with pre-emptive invasions was justified or effective. Post 9/11 the US developed a policy of War on Terror, taking the decision to democratize the Middle East with pre-emptive invasions in both Afghanistan and Iraq. As Barakat puts it "Iraq was deliberately de-constructed in order to be reconstructed in a new model." Looking not only at the evidence of democracy post-invasion, the author also considers the global, regional and internal politics leading up to the decision to invade. The effect is an insightful and vital volume that fulfils an urgent need and seeks to answer the questions most troubling the international community since the invasion of Iraq. Were the invasion of Iraq and Afghanistan an exploitation of military supremacy to secure a favourable balance of power for the US? Is it possible to build a stable democracy after a pre-emptive invasion? What is the current outlook for a stable democracy in Iraq? Reconstructing Post-Saddam Iraq is vital reading for all those interested in international politics and the future in Iraq.

Contract Theory

Author: Stephen A. Smith

Publisher: OUP Oxford

Published: 2004-03-25

Total Pages: 480

ISBN-13: 0191018813

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This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.

Reconstructing Democracy

Author: Justin Behrend

Publisher: University of Georgia Press

Published: 2015

Total Pages: 376

ISBN-13: 0820340332

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Within a few short years after emancipation, freedpeople of the Natchez District created a new democracy in the Reconstruction era, replacing the oligarchic rule of slaveholders and Confederates with a grassroots democracy that transformed the South after the Civil War.

Wrap Contracts

Author: Nancy S. Kim

Publisher: Oxford University Press

Published: 2013-09-19

Total Pages: 239

ISBN-13: 0199336970

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In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society.

Reconstructing Teaching

Author: Ian Hextall

Publisher: Routledge

Published: 2013-04-15

Total Pages: 193

ISBN-13: 1134580061

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One of the greatest resources a school has is its staff. How teachers themselves, and their work, are defined are therefore matters of utmost importance. Major trends of increased control and 'new mangerialism' are occurring in most OECD countries, radically altering both the content and form of teacher education. This book outlines recent changes in teacher education and professional development and, by drawing on recent research findings, explores the positive and negative impacts on the nature of teaching and the shape of the profession.