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The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability for imposing risk and the like. The book combines the traditional doctrinal depiction of the law with general theoretical insights that include economic analysis.
This volume brings together leading theoretical writings on
legal fact-finding which are dispersed and not readily
accessible.
Failing schools have become the latest academic cottage industry,
and they serve as lightning rods for the controversy that continues
to surround the No Child Left Behind Act of 2001. Surprisingly,
there are only a handful of books that address the topic of turning
around failing schools and even fewer that provide a meaningful
discussion on how individual schools should avoid failure from the
outset. This book will help public school educators understand that
turnaround efforts are based on sound leadership principles -
nothing more, nothing less. It also provides school leaders with
the critical skills to turn around failing schools and, more
importantly, prevent their schools from failing in the first place.
Individual chapters address topics such as setting institutional
priorities, establishing a positive school culture, improving
communications, developing classroom leadership, putting the school
on a sound financial footing, and using data to guide the school
turnaround. In essence, this book serves as a practical guide for
instructional and institutional leaders on how to make a "real"
difference in the success of our nation's schools.
Failing schools have become the latest academic cottage industry,
and they serve as lightning rods for the controversy that continues
to surround the No Child Left Behind Act of 2001. Surprisingly,
there are only a handful of books that address the topic of turning
around failing schools and even fewer that provide a meaningful
discussion on how individual schools should avoid failure from the
outset. This book will help public school educators understand that
turnaround efforts are based on sound leadership principles -
nothing more, nothing less. It also provides school leaders with
the critical skills to turn around failing schools and, more
importantly, prevent their schools from failing in the first place.
Individual chapters address topics such as setting institutional
priorities, establishing a positive school culture, improving
communications, developing classroom leadership, putting the school
on a sound financial footing, and using data to guide the school
turnaround. In essence, this book serves as a practical guide for
instructional and institutional leaders on how to make a "real"
difference in the success of our nation's schools.
This book examines systematically the underlying theory of evidence
in Anglo-American legal systems and identifies the defining
characteristics of adjudicative fact-finding. Stein develops a
detailed innovative theory which sets aside the traditional vision
of evidence law as facilitating the discovery of the truth.
Combining probability theory, epistemology, economic analysis, and
moral philosophy; he argues instead that the fundamental purpose of
evidence law is to apportion the risk of error in conditions of
uncertainty. Stein begins by identifying the domain of evidence
law.He then describes the basic traits of adjudicative fact-finding
and explores the epistemological foundations of the concept. This
discussion identifies the problem of probabilistic deduction that
accompanies generalizations to which fact-finders resort. This
problem engenders paradoxes which Stein proposes to resolve by
distinguishing between probability and weight. Stein advances the
principle of maximal individualization that does not allow
factfinders to make a finding against a person when the evidence
they use is not susceptible to individualized testing.He argues
that this principle has broad application, but may still be
overridden by social utility. This analysis identifies allocation
of the risk of error as requiring regulation by evidence law.
Advocating a principled allocation of the risk of error, Stein
denounces free proof for allowing individual judges to apportion
this risk as they deem fit.He criticizes the UK's recent shift to a
discretionary regime on similar grounds. Stein develops three
fundamental principles for allocating the risk of error: the
cost-efficiency principle which applies across the board; the
equality principle which applies in civil litigation; and the equal
best principle which applies in criminal trials. The
cost-efficiency principle demands that fact-finders minimize the
total cost of errors and error-avoidance.Under the equality
principle, fact-finding procedures and decisions must not produce
an unequal apportionment of the risk of error between the claimant
and the defendant. This risk should be apportioned equally between
the parties. The equal best principle sets forth two conditions for
justifiably convicting and punishing a defendant. The state must do
its best to protect the defendant from the risk of erroneous
conviction and must not provide better protection to other
individuals. Regulating both the admissibility of evidence and its
sufficiency, these principles explain and justify many existing
evidentiary rules. Alex Stein is Professor of Law at the Benjamin
N.Cardozo School of Law,New York.
Philosophy has a strong presence in evidence law and the nature of
evidence is a highly debated topic in both general and social
epistemology; legal theorists working in the evidence law area draw
on different underlying philosophical theories of knowledge,
inference and probability. Core evidentiary concepts and
principles, such as the presumption of innocence, standards of
proof, and others, reply on moral and political philosophy for
their understanding and interpretation. Written by leading scholars
across the globe, this volume brings together philosophical debates
on the nature and function of evidence, proof, and law of evidence.
It presents a cross-disciplinary overview of central issues in the
theory and methodology of legal evidence and covers a wide range of
contemporary debates on topics such as truth, proof, economics,
gender, and race. The volume covers different theoretical
approaches to legal evidence, including the Bayesian approach,
scenario theory and inference to the best explanation. Divided in
to five parts, Philosophical Foundations of Evidence Law, covers
different theoretical approaches to legal evidence, including the
Bayesian approach, scenario theory and inference to the best
explanation.
The Artist as Mystic is a set of lyric conversations between
aphorists Yahia Lababidi and Alex Stein. These conversations
constitute what Australians call a Songline a set of sacred songs
that allow the reader/listener to navigate through an unknown
terrain, in this case, populated by tortured and ecstatic souls:
Kafka, Baudelaire, Nietzsche, Rilke, Kierkegaard and Ekelund. These
visionaries are masterfully evoked in this very fine work of
biography and criticism. But these writings are more than the sum
of notes on a page, they are song. The Artist as Mystic passes the
test of all great writing, not only to delight, but to leave us
knowing something of the subject, and ourselves, that we hadn t
considered before.
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