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Legal Thoughts Convert: Rethinking Legal Thinking (SpringerBriefs in Law)
by Jan M. Broekman Frank FleerackersThis book highlights how conversion via communication is one of the most important issues in legal thinking. A major aspect is its link with language – legal texts, judgments, opinions and legal concepts included. Further, conversion is connected to all social positions in law. But a jurist will not solely master specific social behaviors or become the manager of large-scale political fields of law as a legal scientist. A continuously changing integration opens up to his views on reality as it presents itself incessantly. Law and its functionaries are in a never-ending process of change in all domains of culture, which mark the 21st century. Conversions thus concern the riddle of wisdom and automatism, of individual privacy and social fixations, of philosophical considerations and converting flows.
Legal Tech, Smart Contracts and Blockchain (Perspectives in Law, Business and Innovation)
by Marcelo Corrales Mark Fenwick Helena HaapioThere 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.
Legal Tech and the New Sharing Economy (Perspectives in Law, Business and Innovation)
by Toshiyuki Kono Nikolaus Forgó Marcelo Corrales Compagnucci Shinto Teramoto Erik P. M. VermeulenThe exponential growth of disruptive technology is changing our world. The development of cloud computing, big data, the internet of things, artificial intelligence, machine learning, deep learning, and other related autonomous systems, such as self-driving vehicles, have triggered the emergence of new products and services. These significant technological breakthroughs have opened the door to new economic models such as the sharing and platform-based economy. As a result, companies are becoming increasingly data- and algorithm-driven, coming to be more like “decentralized platforms”. New transaction or payment methods such as Bitcoin and Ethereum, based on trust-building systems using Blockchain, smart contracts, and other distributed ledger technology, also constitute an essential part of this new economic model. The sharing economy and digital platforms also include the everyday exchange of goods allowing individuals to commodify their surplus resources. Information and innovation technologies are used in order to then match these resources with existing demand in the market. Online platforms such as Airbnb, Uber, and Amazon reduce information asymmetry, increase the value of unused resources, and create new opportunities for collaboration and innovation. Moreover, the sharing economy is playing a major role in the transition from exclusive ownership of personal assets toward access-based exploitation of resources. The success of online matching platforms depends not only on the reduction of search costs but also on the trustworthiness of platform operators. From a legal perspective, the uncertainties triggered by the emergence of a new digital reality are particularly urgent. How should these tendencies be reflected in legal systems in each jurisdiction? This book collects a series of contributions by leading scholars in the newly emerging fields of sharing economy and Legal Tech. The aim of the book is to enrich legal debates on the social, economic, and political meaning of these cutting-edge technologies. The chapters presented in this edition attempt to answer some of these lingering questions from the perspective of diverse legal backgrounds.
Legal Studies: Terminology and Transcription (5th Edition)
by Wanda Roderick-BoltonThis text provides a basic understanding of legal vocabulary for administrative personnel in a legal office. Over 900 terms commonly used in the legal profession are included. Users will learn to define the terms and use them in a legal context. Keyboarding practice from printed copy will reinforce learning the correct spelling and proper use of each term.
Legal Spaces
by Sabine Müller-MallThis book is concerned with a central question in contemporary legal theory: how to describe global law? In addressing this question, the book brings together two features that are different and yet connected to one another: the conceptual description of contemporary law on the one hand, and methods of taking concrete perspectives on law on the other hand. The book provides a useful concept for describing global law: thinking of law spatially. It illustrates that space is a concept with the capacity to capture the relationality, dynamics, and hybridity of law. Moreover, this book investigates the role of topological thinking in finding concrete perspectives on law. Legal Spaces offers an innovative and interdisciplinary approach to law.
Legal Scholarship as a Source of Law
by Fábio P. ShecairaThis book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart's jurisprudence. Indeed, the book's analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship - or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal - can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.
Legal Research And Writing For Paralegals
by Deborah E. BouchouxLegal Research and Writing for Paralegals emphasizes the skills and issues that paralegals encounter in practice. Thoroughly up-to-date, the Ninth Edition continues to combine clear text with visual aids, writing samples, tips, and pointers. Designed specifically for paralegal students, Deborah Bouchoux s classroom-tested approach teaches cutting-edge research skills, writing style, and proper citation form to equip students with an essential skill set and well-founded confidence. <p><p> The author's logical and comprehensive approach enhances students understanding. Part I covers Primary Authorities, Part II discusses Secondary Authorities, and Part III covers the basics of Legal Writing. In addition, Bouchoux integrates writing strategies into each research chapter to demonstrate the link between the two processes. Thorough coverage of electronic research includes chapters on both internet research and fee-based services. Bouchoux thoroughly explains proper citation form and the process of updating/validating legal authorities. The Legal Writing section includes samples of legal writing, such as letters, a court brief, and a legal memorandum.
Legal Research
by Editors Of Nolo Stephen EliasIf you're searching for information in a real or virtual law library as a paralegal, law student, legal assistant, journalist, or lay person, finding and accessing the laws that you need to read can be a challenge. Turn to Legal Research, which outlines a systematic method to find answers and get results. In plain, readable English, Attorney Stephen Elias explains, with plenty of examples and instructions, how to: read and understand statutes, regulations and cases evaluate cases for their value as precedent use all the basic tools of legal research practice what you've learned with "hands-on, feet-in" library exercises, as well as hypothetical research problems and solutions This easy-to-use and understand book has been adopted as a text in many law schools and paralegal programs. This edition has been condensed to be more readable and includes an expanded discussion on the use of legal research tools on the web.
Legal Research
by Stephen EliasLegal research made simple! If you're searching for information in a real or virtual law library as a paralegal, law student, legal assistant, journalist, or lay person, finding and accessing the laws that you need to read can be a challenge. Turn to Legal Research, which outlines a systematic method to find answers and get results. In plain, readable English, Attorney Stephen Elias explains, with plenty of examples and instructions, how to: read and understand statues, regulations and cases evaluate cases for their value as precedent use all the basic tools of legal research practice what you've learned with "hands-on, library exercises, as well as hypothetical research problems and solutions This easy-to-use and understand book has been adopted as a text in many law schools and paralegal programs. This edition has been condensed to be more readable and includes an expanded discussion on the use of new legal research tools on the web.
Legal Publishing in Antebellum America
by M. H. HoeflichLegal Publishing in Antebellum America presents a history of the law book publishing and distribution industry in the United States. Part business history, part legal history, part history of information diffusion, M. H. Hoeflich shows how various developments in printing and bookbinding, the introduction of railroads, and the expansion of mail service contributed to the growth of the industry from an essentially local industry to a national industry. Furthermore, the book ties the spread of a particular approach to law, that is, the "scientific approach," championed by Northeastern American jurists to the growth of law publishing and law book selling and shows that the two were critically intertwined.
Legal Power and Legal Competence: Meaning, Normativity, Officials and Theories (Law and Philosophy Library #140)
by Gonzalo Villa-Rosas Torben SpaakThis volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.
Legal Positivism in a Global and Transnational Age (Law and Philosophy Library #131)
by Luca Siliquini-CinelliA theme of growing importance in both the law and philosophy and socio-legal literature is how regulatory dynamics can be identified (that is, conceptualised and operationalised) and normative expectations met in an age when transnational actors operate on a global plane and in increasingly fragmented and transformative contexts. A reconsideration of established theories and axiomatic findings on regulatory phenomena is an essential part of this discourse. There is indeed an urgent need for discontinuity regarding what we (think we) know about, among other things, law, legality, sovereignty and political legitimacy, power relations, institutional design and development, and pluralist dynamics of ordering under processes of globalisation and transnationalism.Making an important contribution to the scholarly debate on the subject, this volume features original and much-needed essays of theoretical and applied legal philosophy as well as socio-legal accounts that reflect on whether legal positivism has anything to offer to this intellectual enterprise. This is done by discussing whether global and transnational cultural, socio-political, economic, and juridical challenges as well as processes of diversification, fragmentation, and transformation (significantly, de-formalisation) reinforce or weaken legal positivists’ assumptions, claims, and methods. The themes covered include, but are not limited to, absolute and limited state sovereignty; the ‘new international legal positivism’; Hartian legal positivism and the ‘normative positivist’ account; the relationship between modern secularisation, social conventionalism, and meta-ontological issues of temporality in postnational jurisprudence; the social positivisation of human rights; the formation and content of jus cogens norms; feminist critique; the global and transnational migration of principles of justice and morality; the Vienna Convention on the Law of Treaties rule of interpretation; and the responsibility of transnational corporations.
The Legal Order: Studies in the Foundations of Juridical Thinking (Law and Philosophy Library #123)
by Åke FrändbergIn this monograph a fundamental distinction is made between law and juridical thinking. Law is the content of legal rules and the systems of legal rules. Juridical thinking is the handling of the law by the lawyers. To this distinction corresponds a basic distinction between the language of law and the language of juridical thinking, and correlatively, between L-concepts (law concepts) and J-concepts (juridical or jurisprudential concepts). The monograph is devoted to the J-concepts, especially of technical (not ideological or evaluative) J-concepts. Four kinds of J-concepts are investigated: morphological J-concepts, those that help us to structure the law in a logical and functional way; topological J-concepts, those that help us to indicate the phenomena to which the law is applicable, and to separate the areas of application for different legal systems; praxeological J-concepts, those that help us to explore the relations between law and action, and methodological J-concepts, those that help us to describe the methods of the professional-juridical handling of the law. The work can be characterised as presenting a lawyer´s philosophy of law.
Legal Ontology Engineering
by Núria CasellasEnabling information interoperability, fostering legal knowledge usability and reuse, enhancing legal information search, in short, formalizing the complexity of legal knowledge to enhance legal knowledge management are challenging tasks, for which different solutions and lines of research have been proposed. During the last decade, research and applications based on the use of legal ontologies as a technique to represent legal knowledge has raised a very interesting debate about their capacity and limitations to represent conceptual structures in the legal domain. Making conceptual legal knowledge explicit would support the development of a web of legal knowledge, improve communication, create trust and enable and support open data, e-government and e-democracy activities. Moreover, this explicit knowledge is also relevant to the formalization of software agents and the shaping of virtual institutions and multi-agent systems or environments. This book explores the use of ontologism in legal knowledge representation for semantically-enhanced legal knowledge systems or web-based applications. In it, current methodologies, tools and languages used for ontology development are revised, and the book includes an exhaustive revision of existing ontologies in the legal domain. The development of the Ontology of Professional Judicial Knowledge (OPJK) is presented as a case study.
Legal Interpretation and Scientific Knowledge
by David Duarte Pedro Moniz Lopes Jorge Silva SampaioThis book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Legal Guide for the Visual Artist
by Tad CrawfordThis classic guide for artists is completely revised and updated to provide an in-depth view of the legal issues facing the visual artist today and provides practical legal guidance for any visual artist involved with creative work. Among the many new topics covered in this comprehensive guide are: detailed coverage of the myriad developments in copyright (including online copyright registration procedures and use of art on the Internet); changes in laws protecting artists in artist-gallery relationships are explained in depth; scope of First Amendment protections for graffiti art and the sale of art in public spaces; detailed as well as new cases dealing with art and privacy; and a model contract for Web site design and much more. The book also covers copyrights, moral rights, contracts, licensing, sales, special risks and protections for art and artists, book publishing, video and multimedia works, leases, taxation, estate planning, museums, collecting, grants, and how to find the best professional advisers and attorneys. In addition, the book suggests basic strategies for negotiation, gives information to help with further action, contains many sample legal forms and contracts, and shows how to locate artists' groups and Volunteer Lawyers for the Arts organizations.
Legal Guide for the Visual Artist
by Tad Crawford M. J. BogatinAn updated edition of the legal art classic. Legal Guide for the Visual Artist is a classic guide for artists. This sixth edition is completely revised and updated to provide an in-depth view of the legal issues facing the visual artist today and provides practical legal guidance for any visual artist involved with creative work. It has been over twelve years since the fifth edition was published, and so much has changed in the world since that time, especially in the law and artists&’ legal rights and obligations. This edition has been updated for both a new generation of visual artists and for those who have purchased earlier editions. Among the many new topics covered in this comprehensive guide are: copyright fair use transformative rights; recognition of the rights of temporal street art in the Five Pointz VARA case; the demise of California&’s Resale Royalty statute; NFTs; detailed coverage of the myriad developments in copyright (including online copyright registration procedures and use of art on the Internet); changes in laws protecting artists in artist-gallery relationships are explained in depth; scope of First Amendment protections for graffiti art and the sale of art in public spaces; detailed as well as new cases dealing with art and privacy; and a model contract for Web site design and much more. The book also covers copyrights, moral rights, contracts, licensing, sales, special risks and protections for art and artists, book publishing, video and multimedia works, leases, taxation, estate planning, museums, collecting, grants, and how to find the best professional advisers and attorneys. In addition, the book suggests basic strategies for negotiation, gives information to help with further action, contains many sample legal forms and contracts, and shows how to locate artists' groups and Volunteer Lawyers for the Arts organizations. Legal Guide for the Visual Artist is a must-have for any visual artist hoping to share, sell, display, or publish their art.
Legal Guide for Starting & Running a Small Business
by Fred S. SteingoldSmall business owners are regularly confronted by a bewildering array of legal questions and problems. Ignoring them can lead to disaster but with lawyers typically charging $200 $300 an hour, calling one to answer routine legal questions can be a fast track to the poorhouse. Fortunately, you have a better alternative. Legal Guide for Starting & Running a Small Business clearly explains the practical and legal information you need to: . raise start up money . choose between a sole proprietorship, partnership or LLC . get licenses and permits . buy or sell a business or franchise . negotiate a favorable lease . insure your business . hire independent contractors safely . understand small business tax rules . pick and protect a good name . resolve legal disputes . adopt the best customer policies . enter into strong contracts . cope with financial problems This edition is thoroughly updated, including the latest regulations, tax numbers, and business realities in a changing economy.
Legal Guide for Starting & Running a Small Business
by Fred S. SteingoldThe all-in-one business law book! When you run a small business, legal questions crop up almost on a daily basis. Ignoring them can threaten your enterprise—but hiring a lawyer to help with routine issues can devastate the bottom line. Fortunately, you have a better alternative. Legal Guide for Starting & Running a Small Business clearly explains how to: raise start-up money pick the right business structure get licenses and permits negotiate a favorable lease protect yourself with the right insurance create binding contracts hire, fire, and manage employees cope with financial problems protect your personal assets, and save on business taxes. The 15th edition is completely updated with the latest business tax rules and numbers, including options for members of husband and wife LLCs, rules for depreciating and expensing business assets, and best practices for classifying workers (as employee or independent contractor).
Legal Guide for Starting & Running a Small Business
by Fred S. Steingold David SteingoldThe all-in-one business law book Whether you’re just starting a small business, or your business is already up and running, legal questions crop up on an almost daily basis. Ignoring them can threaten your enterprise—but hiring a lawyer to help with routine issues can devastate the bottom line. The Legal Guide for Starting & Running a Small Business has helped more than a quarter million entrepreneurs and business owners master the basics, including how to: raise start-up money decide between an LLC or other business structure save on business taxes get licenses and permits choose the right insurance negotiate contracts and leases avoid problems if you’re buying a franchise hire and manage employees and independent contractors attract and keep customers (and get paid on time), and limit your liability and protect your personal assets. The 16th edition is completely updated with the latest business tax rules and numbers, and best practices for classifying workers (as employee or independent contractor).
Legal Foundations of Capitalism (Reprints Of Economic Classics Ser.)
by John R. CommonsIn what has universally been recognized as a classic of institutional economics, John R. Commons combined the skills of a professional economist, the sensibilities of an American historian, and the passion of an active participant in the conflicts of individuals, self-interest of groups, and function of voluntary associations.The aim of this volume is to work out an evolutionary and behavioral theory of value. In order to do so thoroughly, Commons examines the decisions of the courts. Doing so compelled an examination of what the courts mean by reasonable value. Commons found that the answer was tied up with a notion of reasonable conduct. It was Commons who carried the study of the habits and customs of social life to the next stage: the decisions of the courts that are based on custom and that profoundly impact the nature and function of the economic system as such.Reviewing Legal Foundations of Capitalism, Wesley Mitchell declared that Commons carried this "analysis further along his chosen line than any of his predecessors. Into our knowledge of capitalism he has incorporated a great body of new materials which no one else has used adequately." And writing in the same American Economic Review twenty-one years later, Selig Perlman noted that "To Commons the workingmen were not abstract building blocks out of which a favored deity called History was to shape the architecture of the new society, but concrete beings with legitimate ambitions for a higher standard of living and for more dignity in their lives." This edition is graced with a special introduction that places Commons in proper academic as well as intellectual context.
Legal Forms for Starting & Running a Small Business
by Fred S. SteingoldMost small business owners, can't afford to hire a lawyer to draft the legal documents they need in the course of day-to-day business. Now there's an affordable solution. Legal Forms for Starting & Running a Small Business provides over 60 legal forms and documents and all the step-by-step instructions needed to use them. This collection of essential legal and business documents helps you: create contracts to buy, sell, rent, or store goods hire employees and consultants protect your trade secrets create noncompete agreements prepare an LLC operating agreement borrow and lend money buy a business lease commercial space prepare corporate bylaws record minutes of meetings buy real estate, and and much more. This edition is updated with the latest legal documents, contracts, and other forms you need to run your business smoothly, along with up-to-date best practices for business owners and managers. Legal Forms for Starting & Running a Small Business includes all the information and instructions you need to complete and use your forms effectively.
Legal Forms for Starting & Running a Small Business: 65 Essential Agreements, Contracts, Leases & Letters
by Fred S. SteingoldMost small business owners, can't afford to hire a lawyer to draft the legal documents they need in the course of day-to-day business. Now there's an affordable solution. Legal Forms for Starting & Running a Small Business provides more than 70 legal forms and documents and all the step-by-step instructions needed to use them. This collection of essential legal and business documents helps you: create contracts to buy, sell, rent, or store goods hire employees and consultants prepare an LLC operating agreement prepare corporate bylaws buy a business borrow and lend money protect your trade secrets create noncompete agreements lease commercial space record minutes of meetings buy real estate and much more This edition is updated with the latest legal documents, contracts, and other forms you need to run your business smoothly, along with up-to-date best practices for business owners and managers. Legal Forms for Starting & Running a Small Business includes all the information and instructions you need to complete and use your forms effectively.
Legal Forms for Everyone: Leases, Home Sales, Avoiding Probate, Living Wills, Trusts, Divorce, Copyrights, and Much More (Legal Forms For Everyone Ser.)
by Carl BattleLegal Forms for Everyone is the ultimate self-help legal guide that will save hours of research time and money in legal fees. Written by an experienced attorney, this book is complete with the most commonly needed, ready-to-use legal forms and precise instructions and checklists on how to use them, as well as advice about when you should hire an attorney. In addition, all the forms are online on a supplemental website to aid in customizing for individual needs. Readers will find forms and advice for a variety of legal situations, including preparing a will, avoiding probate, buying and selling real estate, handling divorce or separation, getting a new name, copyrights and trademarks, bankruptcy, and so much more. However, due to the ever-evolving legal system and the development of new technologies, Carl Battle has added to this new edition such changes as:How to protect against credit fraud, identity theft, and internet fraudHow to navigate new electronic filing systems for copyrights, trademarks, and patentsUpdated information in filing fees, exemptions, and forms for filing for bankruptcyThe latest information on filing for patentsLegal Forms for Everyone is a comprehensive tool for getting in and out of legal situations without having to pay for that costly attorney.
Legal Forms for Everyone: Wills, Probate, Trusts, Leases, Home Sales, Divorce, Contracts, Bankruptcy, Social Security, Patents, Copyrights, and More
by Carl W. Battle Andrea D. Small&“Reproducible, ready-to-use forms are accompanied by step-by-step descriptions of the process involved in over twenty common legal issues. … Well designed and easy to use.&” —American LibrariesLegal Forms for Everyone is the ultimate self-help legal guide to saving research time and money in legal fees. Written by two experienced attorneys, this book is complete with the most commonly needed, ready-to-use legal forms, along with precise instructions and checklists on how and when to use them––and advice for when you should hire an attorney. The forms are also available from a supplemental website to directly download to your device and customize for your individual needs. Legal situations covered include preparing a will, avoiding probate, buying and selling real estate, handling divorce or formal separation, getting a new name, copyrights and trademarks, bankruptcy, and much more. Due to the ever-evolving legal system and technological developments, this seventh edition features new sections covering the following topics: How to apply for a passport, including advice on compiling evidence of citizenship How to apply for and claim Social Security benefits How timing of retirement can effect Social Security retirement benefits How to get a certified copy of a birth or death certificate, including state-by-state advice Assigning a medical proxy Legal Forms for Everyone is a comprehensive tool for assistance with legal situations without having to pay for a costly attorney.