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With obscure terms like 'emphyteusis' and 'jactitation, ' the
language of Louisiana's civil law can sometimes be confusing for
students and even for seasoned practitioners. But the 'Louisiana
Civil Law Dictionary' can help. It defines every word and phrase
contained in the index to the Louisiana Civil Code, plus many more
- in clear and concise language - and provides current citations to
the relevant statutes, code articles, and cases. Whether you are a
student, researcher, lawyer, or judge, if you deal with Louisiana
and its laws, this volume will prove indispensable. It is also a
valuable resource for notaries and paralegals, and for bar exam
preparation. No doubt common law practitioners in other states,
too, will find ready uses for a dictionary that translates civil
law terminology into familiar concepts; they will know how 'naked
ownership' differs from 'usufruct.' And since the civil law
dominates most non-U.S. legal systems, this book will find a home
with libraries and scholars the world over, anywhere there is a
need to compare civil law terms with those of the common law."Rome
and Kinsella have done a huge service to legal scholarship by
assembling the 'Louisiana Civil Law Dictionary' - a splendid
resource for those seeking to understand the rich vocabulary of
Louisiana law."- Bryan A. Garner, President, LawProse, Inc.; and
Editor in Chief, 'Black's Law Dictionary'"For ready reference on
the desk or in a personal or law firm library, in the office of a
civilian of any walk of practice or intellectual endeavor, this
enormously helpful dictionary is a must. This scholarly reference
is essential to the study of the civil law tradition; the
'Louisiana Civil Law Dictionary' serves as a gateway to
understanding the civil law system embraced by the majority of
legal systems in the world."- J. Lanier Yeates, Member, Gordon
Arata McCollam Duplantis & Eagan, LLC
This collection of essays explores the ways in which the defense of
liberty can be bolstered by use of a dialectical method-that is, a
mode of analysis devoted to grasping the full context of
philosophical, cultural, and social factors requisite to the
sustenance of human freedom. Its strength lies in the variety of
disciplines and perspectives represented by contributors who apply
explicitly dialectical tools to a classical liberal / libertarian
analysis of social and cultural issues. In its conjoining of a
dialectical method, typically associated with the socialist left,
to a defense of individual liberty, typically associated with the
libertarian right, this anthology challenges contemporary attitudes
on both ends of the political spectrum. Though this conjunction of
dialectics and liberty has been explored before in several works,
including a trilogy of books written by one of our coeditors (Chris
Matthew Sciabarra), this volume will be the first one of its kind
to bring together accomplished scholars in political science,
economics, philosophy, aesthetics, psychology, law, history,
education, and rhetoric.
This collection of essays explores the ways in which the defense of
liberty can be bolstered by use of a dialectical method-that is, a
mode of analysis devoted to grasping the full context of
philosophical, cultural, and social factors requisite to the
sustenance of human freedom. Its strength lies in the variety of
disciplines and perspectives represented by contributors who apply
explicitly dialectical tools to a classical liberal / libertarian
analysis of social and cultural issues. In its conjoining of a
dialectical method, typically associated with the socialist left,
to a defense of individual liberty, typically associated with the
libertarian right, this anthology challenges contemporary attitudes
on both ends of the political spectrum. Though this conjunction of
dialectics and liberty has been explored before in several works,
including a trilogy of books written by one of our coeditors (Chris
Matthew Sciabarra), this volume will be the first one of its kind
to bring together accomplished scholars in political science,
economics, philosophy, aesthetics, psychology, law, history,
education, and rhetoric.
This unique one-volume monograph offers commentary on the contract
law of twenty key jurisdictions as it applies to online business.
The text provides legal counsel and businesspeople with practical
information about electronic transactions and contract formation,
as well as a description of the country's general legal framework
and an overview of the country's scheme of online business
regulation.
Features in-depth analysis of key practice issues
. General principles of contract law
. E-commerce legislation in force
. Electronic transactions
. Effective formation of online contracts (e-contracts)
. When and how an offer is made to create an online contract
. When and where an online contract is formed
. Shrinkwrap and clickwrap issues
. Digital signatures
. Evidentiary issues
. "Self-help" issues
. Special provisions to include in online contracts
. Legislation governing online contracts
In addition to the country coverage, Online Contract Formation
includes a wealth of supplementary material: sample agreements and
forms, topical contract-related commentary, and source documents.
Sample Forms/Agreements, including:
. Checklist including tips on how to make your online agreement
more enforceable
. Sample click-through agreement for purchasing goods over the
Internet
. Sample clauses for arbitration agreements with respect to both
consumer and commercial transactions
. Sample terms and conditions for a website
. Website development agreement
. Links agreement
Sample commentary, including:
. Glossary of online business terms
. Jurisdictional Issues in International E-Commerce Contracts
. Effective Formation of Contracts by Electronic Means, and Dispute
Resolution in the New E-conomy: Still More Questions than Answers
Key sources/documents include:
. (US) Electronic Signatures Act (ESIGA)
. Uniform Electronic Commerce Act (Canada)
. Canada's Uniform Law Conference of Canada Uniform Electronic
Commerce Act
. UNCITRAL Draft Uniform Rules on Electronic Signatures."
Libertarian Papers (libertarianpapers.org), Volume 4 (2012).
Article Numbers 1-16. Edited by Matt McCaffrey, University of
Angers; Executive Editor: Stephan Kinsella (stephankinsella.com).
Contents: 1. "The Role of Work: A Eudaimonistic Perspective" by
Michael F. Reber 2. "The Internal Contradictions of Recognition
Theory" by Nahshon Perez 3. "Norms and the NAP" by Kris Borer 4.
"Recompense for Fear: Is Forced Russian Roulette Just?" by David B.
Robins 5. "Man and Matter: How the Former Gains Ownership of the
Latter" by Per Bylund 6. "Francis Wemyss-Charteris-Douglas:
Champion of Late-Victorian Individualism" by Alastair M. Paynter 7.
"Book Review: Lewis D. Solomon The Privatization of Space
Exploration" by Timothy D. Terrell 8. "Christian Anarchism:
Communitarian or Capitalist?" by Alexander W. Salter 9. "All
Probabilistic Methods Assume a Subjective Definition of
Probability" by Mark R. Crovelli 10. "The Image of the Entrepreneur
and the Language of the Market: Robert A. Taft, Market Rhetoric,
and Political Argument, 1933-1944" by Clarence E. Wunderlin, Jr.
11. "Kymlicka on Libertarianism: A Response" by J.C. Lester 12.
"Mises' Calculation Argument: A Clarification" by Dan Mahoney 13.
"A Critical Commentary on Kukathas's 'Two Constructions of
Libertarianism'" by J.C. Lester 14. "The State is an Enemy of
Science: A Review of Terence Kealey's The Economic Laws of
Scientific Research" by Kris Borer 15. "Is There a 'Libertarian'
Justification of the Welfare State? A Critique of James P. Sterba"
by James Rolph Edwards 16. "Libertarianism, Feminism, and
Nonviolent Action: A Synthesis" by Grant Babcock
With obscure terms like 'emphyteusis' and 'jactitation, ' the
language of Louisiana's civil law can sometimes be confusing for
students and even for seasoned practitioners. But the 'Louisiana
Civil Law Dictionary' can help. It defines every word and phrase
contained in the index to the Louisiana Civil Code, plus many more
- in clear and concise language - and provides current citations to
the relevant statutes, code articles, and cases. Whether you are a
student, researcher, lawyer, or judge, if you deal with Louisiana
and its laws, this volume will prove indispensable. It is also a
valuable resource for notaries and paralegals. No doubt common law
practitioners in other states, too, will find ready uses for a
dictionary that translates civil law terminology into familiar
concepts; they will know how 'naked ownership' differs from
'usufruct.' And since the civil law dominates the world's legal
systems, this book will find a home with libraries and scholars in
many countries, anywhere there is a need to compare civil law terms
with those of the common law. "Rome and Kinsella have done a huge
service to legal scholarship by assembling the 'Louisiana Civil Law
Dictionary' - a splendid resource for those seeking to understand
the rich vocabulary of Louisiana law." - Bryan A. Garner,
President, LawProse, Inc.; and Editor in Chief, 'Black's Law
Dictionary' "For ready reference on the desk or in a personal or
law firm library, in the office of a civilian of any walk of
practice or intellectual endeavor, this enormously helpful
dictionary is a must. This scholarly reference is essential to the
study of the civil law tradition; the 'Louisiana Civil Law
Dictionary' serves as a gateway to understanding the civil law
system embraced by the majority of legal systems in the world." -
J. Lanier Yeates, Member, Gordon Arata McCollam Duplantis &
Eagan, LLC
LARGE PRINT EDITION More at LargePrintLiberty.com
Rare is the scholar to inspire a festschrift--a volume of papers
written by top specialists in honor of a major thinker-but this one
is very special. It is sure to grow in importance as the years move
on, for it contains phenomenal contributions written in the
tradition of the work of Hans-Hermann Hoppe. Hoppe is one of the
most important scholars of our time. He has made pioneering
contributions to sociology, economics, philosophy, and history. His
important books include Handeln und Erkennen (1976), Kritik der
Kausalwissenschaftlichen Sozialforschung (1983), Eigentum,
Anarchie, und Staat (1987), A Theory of Socialism and Capitalism
(1989), The Economics and Ethics of Private Property (1993,
enlarged 2nd edition 2006), Democracy--The God That Failed (2001),
and The Myth of National Defense (editor, 2003). He is the founder
and president of the international Property and Freedom Society,
which promotes scientific debate in combination with intransigent
libertarian radicalism. Now Professor Emeritus of Economics at UNLV
and Distinguished Fellow with the Ludwig von Mises Institute, Hoppe
and his writings have inspired scholars around the world to follow
in his footsteps and to provide a scientific foundation for
individual freedom and a free society. The festschrift honors the
occasion of his 60th birthday. The festschrift contains personal
testimonies and essays in Professor Hoppe's preferred research
areas, such as political philosophy, democracy, and economics. The
contributors are colleagues, collaborators, and former students
from all over the world, including Llewellyn H. Rockwell, Sean
Gabb, Jesus Huerta de Soto, Robert Higgs, Frank van Dun, Paul
Gottfried, Joseph T. Salerno, Walter Block, and Thomas J.
DiLorenzo. The 400-page Festschrift was presented to Professor
Hoppe at a private ceremony on July 29, 2009, in Auburn, AL during
Mises University 2009.
The second edition of International Investment, Political Risk and
Dispute Resolution explores the multi-layered legal framework for
the protection of foreign investment against political risk. The
authors expertly analyse some of the key issues surrounding this
subject, such as structuring transactions to minimize political
risk, political risk insurance, state responsibility, treaties
protecting foreign investment, and international arbitration
between states and investors. Since the previous edition was
released in 2005, far more attention has been paid to these issues,
in particular investor-state arbitration. All chapters have been
revised to take into account the number of new arbitration awards
that have come to light and the massive volume of commentary on the
subject of international investment arbitration since the first
edition. The authors have carefully considered the latest
theoretical approaches to foreign investment protection and the
most intellectually challenging awards issued in the intervening
decade, as well as the most recent practical guidance on the
procedural recourse available to investors who face political
risks. This book is addressed to a wide audience, and is suitable
as a primer for non-specialist practitioners seeking to familiarize
themselves with international law pertaining to political risk.
While appropriate for practitioner use, this book is also suitable
for undergraduate students or for graduates who intend to
specialize in international investment law.
LARGE PRINT EDITION More at LargePrintLiberty.com.
This monograph is justifiably considered a modern classic. It is
by Stephan Kinsella who caused a worldwide rethinking among
libertarians of the very basis of intellectual property. Mises had
warned against patents, and Rothbard did too. But Kinsella goes
much further to argue that the very existence of patents (including
copyrights and trademarks) is contrary to a free market. They all
use the state to create artificial scarcities of non-scarce goods
and employ coercion in a way that is contrary to property rights
and the freedom of contract. Many people who read this essay for
the first time are unprepared for the rigor of his argument, which
takes time to settle in, simply because it seems so shocking at
first. But Kinsella makes his case with powerful logic and examples
that are overwhelming in their persuasive power. The relevance in a
digital age can't be overstated. The state works with monopolistic
private producers to inhibit innovation and stop the progress of
technology, while using coercion against possible competitors and
against consumers. Even U.S. foreign policy is profoundly affected
by widespread confusions over what is legitimate and merely
asserted as property. What Kinsella is calling for instead of this
cartelizing system is nothing more or less than a pure free market,
which he argues would not generate anything resembling what we call
intellectual property today. IP, he argues, is really a
state-enforced legal convention, not an extension of real
ownership. Few essays written in the last decades have caused so
much fundamental rethinking. It is essential that libertarians get
this issue right and understand the arguments on all sides.
Kinsella's piece here is masterful in making a case against IP that
turns out to be more rigorous and thorough than any written on the
left, right, or anything in between. Read it and prepare to change
your mind.
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