Many existing information retrieval (IR) systems are surprisingly ineffective at finding documents relevant to particular topics. Traditional systems are extremely brittle, failing to retrieve relevant documents unless the user's exact search string is found. They support only the most primitive trial-and-error interaction with their users and are also static. Even systems with so-called "relevance feedback" are incapable of learning from experience with users. SCALIR (a Symbolic and Connectionist Approach to Legal Information Retrieval) -- a system for assisting research on copyright law -- has been designed to address these problems. By using a hybrid of symbolic and connectionist artificial intelligence techniques, SCALIR develops a conceptual representation of document relationships without explicit knowledge engineering. SCALIR's direct manipulation interface encourages users to browse through the space of documents. It then uses these browsing patterns to improve its performance by modifying its representation, resulting in a communal repository of expertise for all of its users. SCALIR's representational scheme also mirrors the hybrid nature of the Anglo-American legal system. While certain legal concepts are precise and rule-like, others -- which legal scholars call "open-textured" -- are subject to interpretation. The meaning of legal text is established through the parallel and distributed precedence-based judicial appeal system. SCALIR represents documents and terms as nodes in a network, capturing the duality of the legal system by using symbolic (semantic network) and connectionist links. The former correspond to a priori knowledge such as the fact that one case overturned another on appeal. The latter correspond to statistical inferences such as the relevance of a term describing a case. SCALIR's text corpus includes all federal cases on copyright law. The hybrid representation also suggests a way to resolve the apparent incompatibility between the two prominent paradigms in artificial intelligence, the "classical" symbol-manipulation approach and the neurally-inspired connectionist approach. Part of the book focuses on a characterization of the two paradigms and an investigation of when and how -- as in the legal research domain -- they can be effectively combined.
For nearly forty years, following the collapse of Indonesia's parliamentary system, Indonesia's once independent legal institutions were transformed into dedicated instruments of a powerful elite and allowed to sink into a deep mire of corruption and malfeasance. Legal process was devastated far beyond the capacity of any simple effort at reconstruction by post-Suharto governments. Indonesia's problems in this respect surpass those of other countries in the region compelled by economic crisis to re-examine institutional structures. The works reprinted in this collection constitute a case study over time of legal decay and the rise of reform interests in one of the most complex countries in the world. Written during a period of more than thirty years, beginning in the early 1960s, the essays trace several themes in the legal history of modern Indonesia. They make clear, however, that legal history is seldom that alone, but rather, like law itself, is largely derivative, fundamentally imbedded in the interest, ideas, purposes, and contentions of local political, social, and economic power.
This open access book provides a snapshot of the state of contemporary access to justice in England and Wales. Legal aid lawyers provide a critical function in supporting individuals to address a range of problems. These are problems that commonly intersect with issues of social justice, including crime, homelessness, domestic violence, family breakdown and educational exclusion. However, the past few decades have seen a clear retreat from the tenets of the welfare state, including, as part of this, the reduced availability of legal aid. This book examines the impact of austerity and related policies on those at the coalface of the legal profession. It documents the current state of the sector as well as the social and economic factors that make working in the legal aid profession more challenging than ever before. Through data collected via the Legal Aid Census 2021, the book is underpinned by the accounts of over 1000 current and former legal aid lawyers. These accounts offer a detailed demography and insight into the financial, cultural and other pressures forcing lawyers to give up publicly funded work. This book combines a mixture of quantitative and qualitative analysis, allowing readers a broad appreciation of trends in the legal aid profession. This book will equip readers with a thorough knowledge of legal aid lawyers in England and Wales, and aims to stimulate debate as to the fate of access to justice and legal aid in the future. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0. licence on bloomsburycollections.com
This book investigates whether legal reforms intended to create a market-friendly regulatory business environment have a positive impact on economic and financial outcomes. After conducting a critical review of the legal origins literature, the authors first analyze the evolution of legal rules and regulations during the last decade (2006-2014). For that purpose, the book uses legal/regulatory indicators from the World Bank's Doing Business Project (2015). The findings indicate that countries have actively reformed their legal systems during this period, particularly French civil law countries. A process of convergence in the evolution of legal rules and regulations is observed: countries starting in 2006 in a lower position have improved more than countries with better initial scores. Also, French civil law countries have reformed their legal systems to a larger extent than common law countries and, consequently, have improved more in the majority of the Doing Business indicators used. Second, the authors estimate fixed-effects panel regressions to analyze the relationship between changes in legal rules and regulations and changes in the real economy. The findings point to a lack of systematic effects of legal rules and regulations on economic and financial outcomes. This result stands in contrast to the widespread belief that reforms aiming to strengthen investor and creditor rights (and other market-friendly policies) systematically lead to better economic and financial outcomes.
Daniel Markovits proposes here a wholesale renovation of legal ethics, one that contributes to ethical thought generally. His book rejects the casuistry that dominates contemporary applied ethics in favour of an interpretive method that may be mimicked in other areas.
Written by pioneering attorneys in the emerging fields of urbanism and green building, A Legal Guide to Urban and Sustainable Development for Planners, Developers and Architects offers you practical solutions for legal issues you may face in planning, zoning, developing, and operating such communities. Find information on legal issues related to urban form, legal mechanisms and ways to incorporate good urban design into local land regulation, overcoming impediments to sound urban design practice, and state and Federal issues related to the legal issues of urban design and planning.
Taking an anthropological approach, Essential Principles of Contract and Sales Law in the Northern Pacific highlights how regional customary and traditional law interact with Anglo-American concepts of contract and sales law to produce a unique amalgam of substantive law in this Pacific region. Author and law professor Daniel P. Ryan compiles and discusses the current contract and sales law applicable in the Pacific region, including the Republics of Palau and the Marshall Islands, Hawaii, Guam, Northern Mariana Islands, American Samoa, and the Federated States of Micronesia. Ryan compares and contrasts this regional law to international standards, including the UN Sale of Goods Convention, the UNIDROIT Principles of Contract Law, UNCITRAL Model Law for E-Commerce, the Uniform Commercial Code, the Revised Uniform Commercial Code, and the Restatement (Second) of Contracts. Essential Principles of Contract and Sales Law in the Northern Pacific is essential reading for members of the judiciary, academics, practitioners, students, and businesses within the region and their major trade partners.
Twenty-four American specialists provide descriptions of techniques, critiques, and notes on resources and training on a variety of methods used in medical ethics. Individual chapters are devoted to each of 11 methods: philosophy, religion and theology, professional codes, legal methods, casuistry, history, qualitative, ethnographic, quantitative surveys, experimental methods, and economics and decision science. Discussion includes how these methods can relate to one another and how to assess the quality of scholarship in medical ethics in connection with such issues as physician-assisted suicide, euthanasia, and medical genetics. For scholars, teachers, editors and students in all disciplines contributing to the field. c. Book News Inc.
This title examines how regulatory frameworks have addressed the various basic issues related to water resources management, and provides a comparative analysis of those issues. It elicits and discusses what it considers are the essential elements for a regulatory framework for water resources management, and identifies some emerging trends.
Social Theory: Its Origins, History, and Contemporary Relevance analyzes the tradition of social theory in terms of its origins and changes in kind of societies. Rossides provides a full discussion of the sociohistorical environments that generated Western social theory with a focus on the contemporary modern world. While employing a sociology of knowledge approach that identifies theories as aristocratic versus democratic, liberal versus socialist and also liberal feminist versus radical feminist; it attempts to construct a scientific, unified social theory in the West. Additionally, it also features African American theory, American culture studies, political and legal philosophy, and environmental theory.
Two-thirds of Shakespeare?s plays have trial scenes, and many deal specifically with lawyers, courts, judges, and points of law. Daniel Kornstein, a practicing attorney, looks at the legal issues and aspects of Shakespeare?s plays and finds fascinating parallels with many legal and social questions of the present day. The Elizabethan age was as litigious as our own, and Shakespeare was very familiar with the language and procedures of the courts. Kill All the Lawyers? examines the ways in which Shakespeare used the law for dramatic effect and incorporated the passion for justice into his great tragedies and comedies and considers the modern legal relevance of his work. ø This is a ground-breaking study in the field of literature and the law, ambitious and suggestive of the value of both our literary and our legal inheritance.
Providing an overview of the sociological approaches to law and criminal justice, this book focuses on how law and the criminal justice system inevitably affect one another, and the ways in which both are intimately connected with wider social forces.
Takes as its starting point the observation that a social clause should be concerned with achieving international labour rights. Analyses the conception of international labour rights involving not only law but also other disciplines such as history, morality and economics. Shows that the discussion on the social clause is emblematic of the way the WTO and the international trade system should deal with human rights in general. It requires an approach grounded in international law in the broadest sense, covering general international law, international human rights law, international trade law, international labour law and legal theory.
Offering a comprehensive analysis of the human right to development and its realistic application in an era of economic globalization, Daniel Aguirre provides a multidisciplinary overview of economic globalization and examines its challenges to the realiz
The second edition of this student-friendly textbook explores the origins, major features and lasting influence of the Islamic tradition. Traces the development of Muslim beliefs and practices against the background of social and cultural contexts extending from North Africa to South and Southeast Asia Fully revised for the second edition, with completely new opening and closing chapters considering key issues facing Islam in the 21st century Focuses greater attention on everyday practices, the role of women in Muslim societies, and offers additional material on Islam in America Includes detailed chronologies, tables summarizing key information, useful maps and diagrams, and many more illustrations
The principle in law that the rules are not changed in the middle of game, is embodied in the notion that legislation should apply prospectively. This study analyzes the legal constraints on retroactive legislation and the presumption of prospectivity and constitutional limits on such lawmaking.
This fascinating and provocative 2005 book will change the way you think about democracy. Challenging conventional wisdom, Daniel Ross shows how from its origins and into its globalized future, violence is an integral part of the democratic system. He draws on the examples of global terrorism and security, the wars in Iraq and Afghanistan, the relation of colonial powers to indigenous populations, and the treatment of asylum seekers. His analysis of these controversial issues moves beyond the comfortable stances of both left and right to show that democracy is violent, from its beginning and at its heart.
Since political theorist Leo Strauss’s death in 1973, American interpreters have heatedly debated his intellectual legacy. Daniel Tanguay recovers Strauss from the atmosphere of partisan debate that has dominated American journalistic, political, and academic discussions of his work. Tanguay offers in crystal-clear prose the first assessment of the whole of Strauss’s thought, a daunting task owing to the vastness and scope of Strauss’s writings. This comprehensive overview of Strauss’s thought is indispensable for anyone seeking to understand his philosophy and legacy. Tanguay gives special attention to Strauss’s little-known formative years, 1920-1938, during which the philosopher elaborated the theme of his research, what he termed the “theological-political problem.” Tanguay shows the connection of this theme to other major elements in Strauss’s thought, such as the Quarrel between the Ancients and Moderns, the return to classical natural right, the art of esoteric writing, and his critique of modernity. In so doing, the author approaches what is at the heart of Strauss’s work: God and politics. Rescuing Strauss from polemics and ill-defined generalizations about his ideas, Tanguay provides instead an important and timely analysis of a major philosophical thinker of the twentieth century.
Business in the Contemporary Legal Environment is a well-written, comprehensive coursebook providing complete coverage of the areas typically included in a one-semester legal environment course. The authors explain various areas of the law in plain English, with an emphasis on the implications and applications of these areas in a business setting. A combination of classic and contemporary cases clearly illustrates how the law is applied. In addition, helpful discussion questions and You Decide questions at the end of each chapter teach students how to identify and analyze legal issues that are frequently encountered in business. Thoughtful pedagogy and well-designed exhibits throughout the book help make the concepts easier to understand. New to the Fourth Edition: New Contemporary cases are included throughout the book, focusing on current and timely issues. Coverage dedicated to diversity and inclusion thoughtfully integrated into the text. Several chapters discuss technology issues including protecting employee passwords (Chapters 12 and 20); punishing computer crimes (Chapter 13); and protecting technology (Chapters 8 and 20). Students are asked to consider the impact of artificial intelligence (AI) in several chapters. Part III on Contracts streamlined to make the content even more accessible and teachable. Professors and students will benefit from: Student-friendly introduction to those legal topics most relevant to businesspeople. Effective use of cases. Every chapter begins with a Classic Case, a case from the past that helped to set the precedents for the material covered in the chapter. The authors then conclude each chapter with a Contemporary Case, a recent decision that shows a current application of one of the principles discussed in the chapter. The authors wrote the facts, issues, and holdings, and excerpted the reasons from the court opinion to make the cases more manageable. An Ounce of Prevention strategy boxes discuss situations that frequently occur in a business environment and strategies for handling those situations in a manner that will reduce potential legal problems. You Decide questions, based on current issues in the news, engage students with high-interest and relevant topics. Good balance between court cases and author-written text. Exercises and examples that help students to identify and analyze legal issues that are frequently encountered in business. Helpful exhibits that summarize concepts but don't overwhelm the text. Thoughtful, classroom-tested text written by an experienced author team. Helpful glossary of legal terms
If you litigate or preside in any court in the state of New York, you know just how confounding the state's evidence law can be. New York Evidence Handbook is the new, comprehensive guide to all of the rules and principles of evidence applicable in New York courts. This new 1,000+ page handbook presents a practical, contemporary approach to evidence -- written with the real-world challenges of the New York trial lawyer and judge in mind. It gathers into one, easy-to-use handbook all of the rules, the leading decisions and the significant statutes you need to consider when assessing the admissibility of evidence. The book walks you through all the rules and their operation (as they relate to judicial notice, presumptions, relevance, the best evidence rule, etc.), discussing all of the leading authorities and citing numerous trial examples. Throughout New York Evidence Handbook, special attention is paid to helping you quickly solve commonly encountered, but difficult, evidence questions.
This volume constitutes the largest collection of writings by the Italian philosopher Giorgio Agamben hitherto published in any language. The essays consider several figures in the history of philosophy; the relation of linguistic and metaphysical categories; messianism in Islamic, Jewish, and Christian theology; and the state and future of contemporary politics.
Classic reference with accessible and proven advice on how to better prepare for trial, from the first client interview to closing argument. Includes numerous procedures, checklists, forms, and worksheets.
For four centuries, the Polish-Lithuanian state encompassed a major geographic region comparable to present-day Poland, Lithuania, Belarus, Ukraine, Russia, Latvia, Estonia, and Romania. Governed by a constitutional monarchy that offered the numerous nobility extensive civil and political rights, it enjoyed unusual domestic tranquility, for its military strength kept most enemies at bay until the mid-seventeenth century and the country generally avoided civil wars. Selling grain and timber to western Europe helped make it exceptionally wealthy for much of the period. The Polish-Lithuanian State, 1386-1795 is the first account in English devoted specifically to this important era. It takes a regional rather than a national approach, considering the internal development of the Ukrainian, Jewish, Lithuanian, and Prussian German nations that coexisted with the Poles in this multinational state. Presenting Jewish history also clarifies urban history, because Jews lived in the unincorporated "private cities" and suburbs, which historians have overlooked in favor of incorporated "royal cities." In the seventeenth and eighteenth centuries the private cities and suburbs often thrived while the inner cities decayed. The book also traces the institutional development of the Roman Catholic Church in Poland-Lithuania, one of the few European states to escape bloody religious conflict during the Reformation and Counter Reformation. Both seasoned historians and general readers will appreciate the many excellent brief biographies that advance the narrative and illuminate the subject matter of this comprehensive and absorbing volume.
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