wrap contracts foundations and ramifications

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Wrap Contracts

Author : Nancy S. Kim
ISBN : 9780199336975
Genre : Law
File Size : 42. 45 MB
Format : PDF, Kindle
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In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society.

Boilerplate

Author : Margaret Jane Radin
ISBN : 9780691155333
Genre : Law
File Size : 44. 15 MB
Format : PDF, ePub
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"The law has allowed a very basic idea--that humans might come to an agreement--to morph into an embarrassment for law and injustice for too many. This brilliant and powerful book puts the mess in context, and offers a path forward to reform."--Lawrence Lessig, Harvard University "This important book lays out the strongest possible attack on a legal regime that allows businesses to predraft terms of agreement, modify consumers' legal rights, and privately legislate rules of play in the market. To those interested in understanding the values that such practices violate, the potential harms that widespread boilerplate may cause, and legal methods that can be harnessed to protect vanishing consumer rights, this book is a milestone."--Omri Ben-Shahar, University of Chicago "This clear and highly readable book makes accessible to a wide audience the most comprehensive and in-depth discussion to date of a persisting challenge to the legitimacy of contract relations in modern societies. We all have to deal with boilerplate. Radin's outstanding book is indispensable to understanding its practical and theoretical significance, and to promoting justice in contractual relations."--Peter Benson, University of Toronto Faculty of Law "When we sign or click on a form we never negotiated or even read, do we really 'agree' to all the terms its drafter wishes to impose on us--no matter how sneaky or outrageous? Radin shows how allowing boilerplate to govern our relationships can degrade our values and democracy. This elegant and lucid book is a profound meditation on contract law and the meaning of consent."--Robert W. Gordon, Stanford Law School "This beautifully written and persuasively argued book tackles an immensely important and timely topic: the increasing use of boilerplate or standard form contracts in the provision of goods and services. It will receive much attention for its diagnosis of problems that boilerplate contracts present and for its imaginative canvassing of possible legal and regulatory responses."--Michael Trebilcock, University of Toronto Faculty of Law "Radin critiques the mass phenomenon of boilerplate, or nonnegotiable contract terms, of which consumers are unlikely to be aware. The book introduces and elegantly combines several theoretical challenges in this area and will be an important intervention in the debate."--Aditi Bagchi, Fordham University School of Law

Corporate Warriors

Author : Peter Warren Singer
ISBN : 0801474361
Genre : Business & Economics
File Size : 80. 83 MB
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Some have claimed that "War is too important to be left to the generals," but P. W. Singer asks "What about the business executives?" Breaking out of the guns-for-hire mold of traditional mercenaries, corporations now sell skills and services that until recently only state militaries possessed. Their products range from trained commando teams to strategic advice from generals. This new "Privatized Military Industry" encompasses hundreds of companies, thousands of employees, and billions of dollars in revenue. Whether as proxies or suppliers, such firms have participated in wars in Africa, Asia, the Balkans, and Latin America. More recently, they have become a key element in U.S. military operations. Private corporations working for profit now sway the course of national and international conflict, but the consequences have been little explored. In Corporate Warriors, Singer provides the first account of the military services industry and its broader implications. Corporate Warriors includes a description of how the business works, as well as portraits of each of the basic types of companies: military providers that offer troops for tactical operations; military consultants that supply expert advice and training; and military support companies that sell logistics, intelligence, and engineering. This updated edition of Singer's already classic account of the military services industry and its broader implications describes the continuing importance of that industry in the Iraq War. This conflict has amply borne out Singer's argument that the privatization of warfare allows startling new capabilities and efficiencies in the ways that war is carried out. At the same time, however, Singer finds that the introduction of the profit motive onto the battlefield raises troubling questions—for democracy, for ethics, for management, for human rights, and for national security.

Breaking The Abortion Deadlock

Author : Eileen McDonagh
ISBN : 019535799X
Genre : Social Science
File Size : 74. 4 MB
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For over twenty years the abortion debate has raged, with each side entrenched in unyielding positions. This book breaks the impasse by using pro-life premises to reach pro-choice conclusions. While it is commonly assumed that state protection of the fetus as a form of human life undermines women's reproductive rights, McDonagh instead illuminates how it is exactly such state protection of the fetus that strengthens, rather than weakens, not only women's right to an abortion, but even more significantly, women's ability to call on the state for abortion funding. McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights. McDonagh reframes the abortion debate by locating the missing piece of the puzzle: the fetus as the cause of pregnancy. After exposing the myths on this subject, her exacting analysis presents the scientific and legal evidence that the ultimate source of pregnancy is the fetus. The central issue then becomes what the fetus, as an active agent, does to a woman's body during pregnancy, whether that pregnancy is wanted or not. McDonagh graphically describes the massive changes produced by the fetus when it takes over a woman's body. As such, pregnancy is best depicted not as a condition that women have a right to choose but rather as a condition to which they must have a right to consent. Abortion, therefore, does not rest on the intensely debated principle, stated in Roe, that women have a right to be free from state interference when choosing privately what to do with their own bodies. Instead, as McDonagh's book explains, abortion rights flow inevitably from women's more established right to consent to what another agent does to their body. Specifically, women have a right to resist an unwanted intrusion by a fetus as well as to receive help from the state to stop such an intrusion. Moving abortion rights from choice to consent has broad legal and cultural ramifications tapping into the very cornerstone of the American political system: consent. McDonagh unravels the consequences of extending to pregnant women the same guarantees of bodily integrity and liberty possessed by others in our society. Specifically, she shows why a woman who does not consent to be made pregnant by a fetus, not only has a right to terminate pregnancy, but why the state violates constitutional due process and equal protection guarantees when it fails to provide her with the same protections against nonconsensual intrusions by a fetus as it provides against nonconsensual intrusions by other parties. This book pivotally strengthens, therefore, not only women's right to abortion but also abortion funding. By providing new grounds both for the public funding of abortion and for the removal of government restrictions on abortions, it lays the foundation for enhancing women's rights through major policy changes in legislatures and courts.

Nhs Plc

Author : Alysson M. Pollock
ISBN : 1844675394
Genre : Health & Fitness
File Size : 24. 32 MB
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Universal,comprehensive health care, equally available to all and disconnectedfrom income and the ability to pay, was the goal of the founders of theNational Health Service. This book, by one of the NHS's most eloquentand passionate defenders, tells the story of how that ideal has beenprogressively eroded, and how the clock is being turned back to pre-NHSdays, when health care was a commodity, fully available only to thosewith money. How this has come about—to the point whereeven the shrinking core of free NHS hospital services is being handedover to private providers at the taxpayers' expense—is still not widelyunderstood, hidden behind slogans like “care in the community,”“diversity” and “local ownership.” Allyson Pollock demystifies theseterms, and in doing so presents a clear and powerful analysis of thetransition from a comprehensive and universal service to New Labour's“mixed economy of health care,” in which hospitals with foundationstatus, loosely supervised by an independent regulator, will be run onlargely market principles. The NHS remains popular, Pollock argues, precisely because it createdthe “freedom from fear” that its founders promised, and because itsintegrated, non-commercial character meant low costs and good medicalpractice. Restoring these values in today's health service has becomean urgent necessity, and this book will be a key resource for everyonewishing to to bring this about.

Discovering Girard

Author : Michael Kirwan
ISBN : 1561012297
Genre : Philosophy
File Size : 84. 74 MB
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Really wonderful; an elegantly written initiation into the mimetic theory. I am lucky to have interpreters who understand what I want to say and who can write so well. Rene Girard The work of Rene Girard is hugely influential in literature and cultural studies. But it is in understanding the relationship between religion and violence that his theory has created its greatest impact. Girard s understanding of mimetic rivalry and conflict and of scapegoating is seen by many to be the key to a completely new understanding of Christianity. Girard s name evokes curiosity and often strong feelings among devotees and skeptics. Discovering Girard is the first book to present Girard s work to a wider audience. It explains and appraises Girard s mimetic theory, shows its impact on theology and other disciplines, and manages to convey the excitement that a discovery of Girard s ideas often generates in readers."

Hegel S Philosophy Of Right

Author : Georg Wilhelm Friedrich Hegel
ISBN : 0195002768
Genre : Ethics
File Size : 41. 12 MB
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'Hegel's Philosophy of Right' concerns ideas on justice, moral responsibility, family life, economic activity and the political structure of the state. He shows how human freedom involves living with others in accordance with publicly recognized rights and laws.

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