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This book contains a series of essays discussing the uses of
precedent as a source of law and a basis for legal arguments in
nine different legal systems, representing a variety of legal
traditions. Precedent is fundamental to law, yet theoretical and
ideological as well as legal considerations lead to its being
differently handled and rationalised in different places. Out of
the comparative study come the six theoretical and synoptic essays
that conclude the volume.
This title was first published in 2000: Robert S. Summers is a
distinguished legal theorist whose work has had significant
influence in Europe as well as the United States. The study of form
and substance in law, the theme of this collection, marks many of
his most distinctive contributions to law and legal philosophy over
four decades.
This title was first published in 2000: Robert S. Summers is a
distinguished legal theorist whose work has had significant
influence in Europe as well as the United States. The study of form
and substance in law, the theme of this collection, marks many of
his most distinctive contributions to law and legal philosophy over
four decades.
This book contains a series of essays discussing the uses of
precedent as a source of law and a basis for legal arguments in
nine different legal systems, representing a variety of legal
traditions. Precedent is fundamental to law, yet theoretical and
ideological as well as legal considerations lead to its being
differently handled and rationalised in different places. Out of
the comparative study come the six theoretical and synoptic essays
that conclude the volume.
This book is a work of outstanding importance for scholars of
comparative law and jurisprudence and for lawyers engaged in EC law
or other international forms of practice. It reviews, compares and
analyses the practice of interpretation in nine countries
representing Europe as well as the US and Argentina in common and
civil law; it also explores implications for general theories of
interpretation and of justification. Its authors, who include Aulis
Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel
Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro,
Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander
Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors
Robert S. Summers and D. Neil MacCormick, constitute an
international team of great distinction; they have worked on this
project for over seven years.
This book is a work of outstanding importance for scholars of
comparative law and jurisprudence and for lawyers engaged in EC law
or other international forms of practice. It reviews, compares and
analyses the practice of interpretation in nine countries
representing Europe as well as the US and Argentina in common and
civil law; it also explores implications for general theories of
interpretation and of justification. Its authors, who include Aulis
Aarnio, Robert Alexy, Ralf Dreier, Enrique Zuleta-Puceiro, Michel
Troper, Christophe Grzegorczyk, Jean-Louis Gardes, Enrico Pattaro,
Michele Taruffo, Massimo La Torre, Jerry Wroblewski, Alexsander
Peczenik, Gunnar Bergholtz and Zenon Bankowski, as well as editors
Robert S. Summers and D. Neil MacCormick, constitute an
international team of great distinction; they have worked on this
project for over seven years.
89 TABLE 5 USE OR PLANNED USE OF MAJOR ENGINES IN AIR FORCE AND
NAVY AIRCRAFT a Engine Air Force Aircraft Navy Aircraft F-80, T-33,
XF-92, YB-61, AJ2, F9F-7, TV-I, J-33 YB-62, F-94 (A, B), TM- T2-V,
P4M-I 61 ( tactical missile) X-3, XF-88 F3D, F2H, F6U, F7U J-34
F-84 (B, C, D, E, G, H) J-35 FJ-I B-45, XB-51, XF-9J, B-36, J-47
B-47, F-86 (D, F, K) J-48 F-94C F9F J-57 B-52, YB-60, F-lOO, A3D,
F4D, F8U F-I02A, F-I0l (A, B), SNARK, F-105A, F-I07, KC-135A,
B-57D, X-16 F-84F, B-57 FIIF, A4D, FJ-3, J-65 FJ-4, F9F YQ-l, YQ-2,
T-37 J-69 SNARK, YF-89E, B-66 J-71 F-I01, F-I02B, F-I05, J-75 F-I07
F8U, XP6M B-58, F-I04, F-IOIA (see J-79 note c, Table 4) F5D, FIIF,
A3J, F4H T-34 C-133A, YC-97J, YC-12IF R7V-2 XF-84H T-40 R3Y, XFY,
A2D YC-130, YC-131C T-56 Note: a Aircraft in which engine was used
or was planned to be used. For at least one (and generally more) of
the aircraft in the list associated with a given engine, the
decision to use the engine was made when the engine was in the
final stages of develop ment. (In the case of the J -57, J-79,
andJ-75 this is true of nearly all the aircraft listed. ) No Jist
extends beyond 1956. Summary For an engine developed independently
of an airframe the de veloper may constrain the performance,
weight, and size of an engine at the start."
This casebook focuses on the rules and principles of contract law,
as well as the lawyer's role in planning and drafting contracts.
Chapter One traces a contract case from the agreement stage, to a
breakdown in the parties' relationship, to a lawsuit, to a decision
in the trial court, and finally to the appellate court's opinion.
It includes supporting material, including the parties' agreement,
a correspondence from the lawyer to the client, the complaint, a
motion to dismiss, the answer, the trial judge's charge to the
jury, the special verdict form, the trial judge's decision on
motions after the verdict, and the appellate court opinion. These
materials help students understand where cases come from and
lawyers' various roles, including planning, negotiating,
counseling, drafting, as well as litigating. Following the
introduction, this casebook presents extensive material on the
theory and practice of transactional planning and drafting, as well
as additional materials from lawyers involved in the cases. The
Eighth Edition offers comprehensive coverage of contract law
theories of obligation, including bargain, promissory estoppel,
unjust enrichment, and tort arising in the contract setting. This
edition includes new cases and secondary sources on developing
issues of contract law. In particular, the casebook introduces
several new readings on electronic contracts, algorithmic
contracting, and the relationship of contracting to public health.
Many of the secondary readings have been condensed and summarized,
and the overall book has been streamlined. The casebook retains its
strength in traditional subjects such as good faith, parol
evidence, gap filling, conditional obligation, and breach, but the
Eighth Edition contains fewer pages (and one less chapter) than
earlier editions and is suitable for a 4, 5 or 6 hour course.
This fully revised 7th Edition will give students a comprehensive
introduction to the Uniform Commercial Code without burdening them
with unnecessary detail: Articles 1 and 2 (sales), Articles 3, 4,
4A and 5 (payment systems), and Article 9 (secured transactions),
as well as related statutes, amendments, regulations, and operating
rules. The new edition deals not only with the 1999 revisions to
Article 9 but also with the recent revisions to Article 1. This
edition also addresses the earlier revisions to Articles 5, 3, and
4. It has limited coverage of the failed attempt to revise Article
2. A reference volume relied on by students, courts, and business
lawyers for decades, the 7th Edition has been updated in light of
modern practice and provides a useful resource for students and
practitioners dealing with issues in sales, contracts, secured
transactions, and payment systems.
Provides law students with an in-depth introduction to the UCC
without burdening them with unnecessary detail. Citations have been
used to enable the reader to understand the kinds of cases that
might be presented under particular provisions of the Code. The
materials cover payment systems under UCC Articles 3, 4, 4A, and 5,
as well as related statutes, regulations, and operating rules
governing negotiable instruments, the banking system, the Federal
Reserve, clearinghouses, electronic payments, and letters of
credit.
This casebook focuses on the rules and principles of contract law,
as well as the lawyer's role in planning and drafting contracts.
Chapter One traces a contract case from the agreement stage, to a
breakdown in the parties' relationship, to a lawsuit, to a decision
in the trial court, and finally to the appellate court's opinion.
It includes supporting material, including the parties' agreement,
a correspondence from the lawyer to the client, the complaint, a
motion to dismiss, the answer, the trial judge's charge to the
jury, the special verdict form, the trial judge's decision on
motions after the verdict, and the appellate court opinion. These
materials help students understand where cases come from and
lawyers' various roles, including planning, negotiating,
counseling, drafting, as well as litigating. Following the
introduction, this casebook presents extensive material on the
theory and practice of transactional planning and drafting, as well
as additional materials from lawyers involved in the cases. The
Eighth Edition offers comprehensive coverage of contract law
theories of obligation, including bargain, promissory estoppel,
unjust enrichment, and tort arising in the contract setting. This
edition includes new cases and secondary sources on developing
issues of contract law. In particular, the casebook introduces
several new readings on electronic contracts, algorithmic
contracting, and the relationship of contracting to public health.
Many of the secondary readings have been condensed and summarized,
and the overall book has been streamlined. The casebook retains its
strength in traditional subjects such as good faith, parol
evidence, gap filling, conditional obligation, and breach, but the
Eighth Edition contains fewer pages (and one less chapter) than
earlier editions and is suitable for a 4, 5 or 6 hour course.
Secured transactions in personal property are ubiquitous in modern
business practice and make up a key part of modern commercial law.
This volume, a streamlined version of the famous White &
Summers Uniform Commercial Code practitioners text-the standard
reference relied on by courts and business lawyers for nearly half
a century-offers a succinct but in-depth introduction to Article 9
of the UCC. It is specifically designed to help students in the law
school Secured Transactions course navigate through the Article 9
maze. This new edition incorporates the new amendments to Article 9
and related Code provisions, and updates the text in light of
modern practice.
This book addresses three major questions about law and legal
systems: (1) What are the defining and organising forms of legal
institutions, legal rules, interpretative methodologies, and other
legal phenomena? (2) How does frontal and systematic focus on these
forms advance understanding of such phenomena? (3) What credit
should the functions of forms have when such phenomena serve policy
and related purposes, rule of law values, and fundamental political
values such as democracy, liberty, and justice? This book seeks to
offer general answers to these questions and thus gives form in the
law its due. The answers not only provide articulate conversancy
with the subject but also reveal insights into the nature of law
itself, the oldest and foremost problem in legal theory and allied
subjects.
This book addresses three major questions about law and legal
systems: (1) What are the defining and organizing forms of legal
institutions, legal rules, interpretive methodologies, and other
legal phenomena? (2) How does frontal and systematic focus on these
forms advance understanding of such phenomena? (3) What credit
should the functions of forms have when such phenomena serve policy
and related purposes, rule of law values, and fundamental political
values such as democracy, liberty, and justice? This is the first
book that seeks to offer general answers to these questions and
thus gives form in the law its due. The answers not only provide
articulate conversancy with the subject but also reveal insights
into the nature of law itself, the oldest and foremost problem in
legal theory and allied subjects.
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